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   The best, and most humorous, explanation of Washington State's new Marijuana policy. Bonus: From the Police

09 Nov 2012 05:00 PM   |   23026 clicks   |   Some Guy
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OtherBrotherDarryl    [TotalFark]  
"SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?"
"No."


I laughed. This was well done SPD.

09 Nov 2012 03:47 PM
Because People in power are Stupid    [TotalFark]  
Hmmm, maybe it's time for a road trip.

09 Nov 2012 03:47 PM
dr_blasto    [TotalFark]  
Now that's how cops should do community outreeach.

09 Nov 2012 03:48 PM
Hershey Highway Patrol     
December 6th seems like a really long ways away. What happens if I get caught with marijuana before then? Hold your breath.


Comedy gold.......

09 Nov 2012 03:53 PM
Bladel    [TotalFark]  

OtherBrotherDarryl: "SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?"
"No."

I laughed. This was well done SPD.


Was coming here to post this. Also LOL'ed.

09 Nov 2012 03:53 PM
ManateeGag    [TotalFark]  

Bladel: OtherBrotherDarryl: "SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?"
"No."

I laughed. This was well done SPD.

Was coming here to post this. Also LOL'ed.


me too, that was great.

09 Nov 2012 04:03 PM
ZAZ    [TotalFark]  
That's a surprisingly useful page for a police department.

Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle.

In Massachusetts, where under an ounce is also not a crime, case law says police can search if they smell fresh marijuana but not if they only smell burnt marijuana. It probably takes more than an ounce, a criminal amount, to create an odor of unburnt marijuana.

09 Nov 2012 04:04 PM
Elandriel     
What happens if I get pulled over and I'm sober, but an officer or his K9 buddy smells the ounce of Super Skunk I've got in my trunk?

Haha, super skunk. This was pretty clearly written by someone who understands weed at least. That's comedy.

09 Nov 2012 04:06 PM
FirstNationalBastard    [TotalFark]  
It's a helluva first step.

I even like the fact that they're changing the rules for Cops being allowed to smoke.

Hopefully, WA and CO become models for more states, and the Feds little unsuccessful WAR ON DRUGS© ends.

09 Nov 2012 04:08 PM
scottydoesntknow    [TotalFark]  

ZAZ: That's a surprisingly useful page for a police department.

Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle.

In Massachusetts, where under an ounce is also not a crime, case law says police can search if they smell fresh marijuana but not if they only smell burnt marijuana. It probably takes more than an ounce, a criminal amount, to create an odor of unburnt marijuana.


Wait, so smelling freshly burned MJ (meaning you just smoked while operating the vehicle) isn't grounds for searching, but smelling unburned is a searchable offense?

And it doesn't take nearly an ounce to make a car smell like skunk. I've had to buy a vaccuum container because the smell of an eighth from my guy stinks my whole car up.

Crazy backward-ass laws

/Great article though

09 Nov 2012 04:10 PM
scottydoesntknow    [TotalFark]  

FirstNationalBastard: I even like the fact that they're changing the rules for Cops being allowed to smoke.


That would be a great time to be a cop when that happens. Imagine how much is sitting in the evidence room from confiscations or seizures. You wouldn't have to buy any for months.

09 Nov 2012 04:13 PM
ekdikeo4    [TotalFark]  

OtherBrotherDarryl: "SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?"
"No."

I laughed. This was well done SPD.


that was the only humor I saw in here, but I think it was serious. Lots of headline failures today

09 Nov 2012 04:14 PM
Babwa Wawa     

dr_blasto: Now that's how cops should do community outreeach.


Indeed.

ZAZ: In Massachusetts, where under an ounce is also not a crime, case law says police can search if they smell fresh marijuana but not if they only smell burnt marijuana. It probably takes more than an ounce, a criminal amount, to create an odor of unburnt marijuana.


Nah. I'm no pot smoker, but a friend of mine was adamant in giving me two cookies on the way out of his apt a few months ago, sealed in a ziploc sandwich bag. I'd completely forgotten they were there the next morning, but the smell of my bag was absolutely horrendous, and the car smelled awful. I doubt the two cookies weighed more than an ounce in their entirety - no way they could have held an ounce of actual pot.

09 Nov 2012 04:15 PM
Rincewind53     

ZAZ: That's a surprisingly useful page for a police department.

Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle.

In Massachusetts, where under an ounce is also not a crime, case law says police can search if they smell fresh marijuana but not if they only smell burnt marijuana. It probably takes more than an ounce, a criminal amount, to create an odor of unburnt marijuana.


I actually wrote a motion over the summer involving whether or not the scent of raw marijuana grants probable cause.

IMHO, no.

09 Nov 2012 04:16 PM
palladiate    [TotalFark]  
The Lord of the Rings clip was pretty priceless too.

09 Nov 2012 04:16 PM
ekdikeo4    [TotalFark]  

scottydoesntknow: ZAZ: That's a surprisingly useful page for a police department.

Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle.

In Massachusetts, where under an ounce is also not a crime, case law says police can search if they smell fresh marijuana but not if they only smell burnt marijuana. It probably takes more than an ounce, a criminal amount, to create an odor of unburnt marijuana.

Wait, so smelling freshly burned MJ (meaning you just smoked while operating the vehicle) isn't grounds for searching, but smelling unburned is a searchable offense?

And it doesn't take nearly an ounce to make a car smell like skunk. I've had to buy a vaccuum container because the smell of an eighth from my guy stinks my whole car up.

Crazy backward-ass laws

/Great article though


you don't have to have just burned it.. Marijuana smell sticks a lot longer than cigarette smell.. So non smokers can definitely tell you've been smoking in the last day or so unless you've showered and changed clothes.

09 Nov 2012 04:16 PM
Actual Farking    [TotalFark]  

Rincewind53: ZAZ: That's a surprisingly useful page for a police department.

Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle.

In Massachusetts, where under an ounce is also not a crime, case law says police can search if they smell fresh marijuana but not if they only smell burnt marijuana. It probably takes more than an ounce, a criminal amount, to create an odor of unburnt marijuana.

I actually wrote a motion over the summer involving whether or not the scent of raw marijuana grants probable cause.

IMHO, no.


Did you win? Because depending on some other factors, at least around here, you'd be wrong.

09 Nov 2012 04:20 PM
scottydoesntknow    [TotalFark]  

ekdikeo4: Marijuana smell sticks a lot longer than cigarette smell..


Please tell me you're not serious....

09 Nov 2012 04:21 PM
Rincewind53     

Actual Farking: Did you win? Because depending on some other factors, at least around here, you'd be wrong.


Sorry, I should have clarified, the actual legal question was whether the scent of raw marijuana in a vehicle granted probable cause to arrest a passenger.

We lost the motion because the State made it an issue of "scent of marijuana plus passenger fidgeting" and the judge didn't want to fight them.

09 Nov 2012 04:24 PM
ZAZ    [TotalFark]  
scottydoesntknow

We don't have a law banning smoking while driving or any marijuana equivalent of open container laws. It's illegal to drive "under the influence... of marijuana" (whatever that means). The state appeals court ruled that the combination of bad driving, a strong odor of burnt marijuana, and nervous behavior raised a suspicion of driving under the influence justifying further investigation. 81 Mass. App. Ct. 306 (2012). But without aggravating circumstances police would have had to let the car go.

Court cases often involve vehicles with passengers so it's unclear who smoked.

09 Nov 2012 04:25 PM
ZAZ    [TotalFark]  

09 Nov 2012 04:30 PM
dickfreckle     

OtherBrotherDarryl: "SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?"
"No."

I laughed. This was well done SPD.


That is exactly what I came to say.

09 Nov 2012 04:36 PM
scottydoesntknow    [TotalFark]  

ZAZ: Here's the story about raw marijuana smell in Massachusetts: http://www.enterprisenews.com/topstori es/x1062475220/Search-ruled-imp r oper-in-Brockton-heroin-case.


That's just crazy. If I were a drug runner I'd ride around with 27 grams all the time.

Step 1: get pulled over
Step 2: cop smells "raw" marijuana and assumes it's over an ounce (since obviously weed only smells when it's more than an ounce)
Step 3: Cops search car and find MJ + whatever other drug
Step 4: Have all evidence thrown out because there wasn't enough probable cause since they were riding with less than an ounce (28 grams).

09 Nov 2012 04:37 PM
fnordfocus    [TotalFark]  
I still don't understand why they can't just arrest you under Federal possession laws instead.

09 Nov 2012 05:05 PM
scottydoesntknow    [TotalFark]  

fnordfocus: I still don't understand why they can't just arrest you under Federal possession laws instead.


Because the feds don't pay the city/state cops salary. And the last thing precincts want to deal with is wrongful arrests under state law. Every single one would be thrown out and a waste of taxpayer time and money. If a DEA or federal agent wants to be a dick, they can still arrest and prosecute you in a federal courthouse, but there's nothing to stop jury nullification if it does happen.

09 Nov 2012 05:08 PM
LandOfChocolate     

fnordfocus: I still don't understand why they can't just arrest you under Federal possession laws instead.


They probably could. Instead, they are choosing to follow the will of their people

09 Nov 2012 05:09 PM
Pair-o-Dice     
Will police officers be able to smoke marijuana?

As of right now, no. This is still a very complicated issue.


That's gold Jerry!

09 Nov 2012 05:10 PM
moefuggenbrew     
by doing things like reviewing SPD's hiring practices for police officers to address now-legal marijuana usage by prospective officers, as well as current employees.


Translation: We be gettin' hiiigh yo....

09 Nov 2012 05:11 PM
caddisfly     

fnordfocus: I still don't understand why they can't just arrest you under Federal possession laws instead.


They can, but they are announcing they won't as a matter of policy. I'm sure there will be some wrinkles to iron out in the first few years but I see most of the West going this route within the decade. In Oregon possession under an ounce is just a ticket anyway.

09 Nov 2012 05:11 PM
NobleHam     
Good page except for one bit which is wrong:

Can I grow marijuana in my home and sell it to my friends, family, and co-workers?

As long as you're a licensed grower and seller, yes.


As I understand the law, you cannot be licensed as both a grower and a seller. Production, distribution and retail have to be separate entities. Maybe someone can enlighten me if I'm mistaken.

09 Nov 2012 05:12 PM
cgraves67     
That webpage had very little stick up its ass for a .gov. It makes me wonder if it's legit.

Also, I'm not a pot smoker at all, but if federal legalization were on these same terms, I would be ok with it.

09 Nov 2012 05:12 PM
fredbox     
To be fair, if you have to deal with Seattle cops, pot is going to be the least of your worries.

09 Nov 2012 05:13 PM
armanox    [TotalFark]  

fnordfocus: I still don't understand why they can't just arrest you under Federal possession laws instead.


Legally they can, but they're saying they won't - they're honoring state law over federal.

// I don't support this passing - I'm not saying it should be illegal, but if I can smell you I'm apt to throw something at you.

09 Nov 2012 05:13 PM
ha-ha-guy     

scottydoesntknow: FirstNationalBastard: I even like the fact that they're changing the rules for Cops being allowed to smoke.

That would be a great time to be a cop when that happens. Imagine how much is sitting in the evidence room from confiscations or seizures. You wouldn't have to buy any for months.


Enh, a lot of cops have desires to get into federal LEO or the like and smoking pot is still not going to sit well with them. For that matter, smoking pot even limits your ability to move to a PD outside of the state (the whole haven't used it for three years thing is pretty standard). So until more states legalize it, smoking as a cop messes with your career mobility.

09 Nov 2012 05:14 PM
Jon iz teh kewl     
sure pots can't smoke cops/ but can cop smoke pot
???
i mean crack cocaine!!!!

09 Nov 2012 05:14 PM
Chiad     

cgraves67: That webpage had very little stick up its ass for a .gov. It makes me wonder if it's legit.

Also, I'm not a pot smoker at all, but if federal legalization were on these same terms, I would be ok with it.



This is my PD, it's legit. We've already passed laws making it the lowest law enforcement priority, so this is just a small step forward. The police here are pretty relaxed about weed, and the DA already won't prosecute simple possession cases.

09 Nov 2012 05:16 PM
smitty04     
sphotos-a.xx.fbcdn.netView Full Size

09 Nov 2012 05:17 PM
OtherBrotherDarryl    [TotalFark]  

fredbox: To be fair, if you have to deal with Seattle cops, pot is going to be the least of your worries.


Yes, pot may actually settle some of them down.

09 Nov 2012 05:18 PM
ChadM89     
"TL;DR ?" in an article written by the police on a .gov website was what stood out the most to me.

Oh and Super Skunk in the trunk.

09 Nov 2012 05:18 PM
blorpen     
This link has been all over my Facebook feed this morning. Glad to see it on Fark!

I wish they had gone into more detail on the production rules. I understand that you need to have a license to grow it for sale, but what if you want to grow it and not sell any of it? Like homebrewing beer.

/Seattleite
//not a smoker, but I totally voted for this

09 Nov 2012 05:19 PM
codergirl42     

ekdikeo4: scottydoesntknow: ZAZ: That's a surprisingly useful page for a police department.

Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle.

In Massachusetts, where under an ounce is also not a crime, case law says police can search if they smell fresh marijuana but not if they only smell burnt marijuana. It probably takes more than an ounce, a criminal amount, to create an odor of unburnt marijuana.

Wait, so smelling freshly burned MJ (meaning you just smoked while operating the vehicle) isn't grounds for searching, but smelling unburned is a searchable offense?

And it doesn't take nearly an ounce to make a car smell like skunk. I've had to buy a vaccuum container because the smell of an eighth from my guy stinks my whole car up.

Crazy backward-ass laws

/Great article though

you don't have to have just burned it.. Marijuana smell sticks a lot longer than cigarette smell.. So non smokers can definitely tell you've been smoking in the last day or so unless you've showered and changed clothes.


Wow, I'm guessing you've never smoked weed before.

09 Nov 2012 05:21 PM
gibbon1    [TotalFark]  

fnordfocus: I still don't understand why they can't just arrest you under Federal possession laws instead.


Because they can't charge you in state court for Federal crimes. Hint, the number of Federal cases brought every year is actually really small compared to state cases.

09 Nov 2012 05:21 PM
Smackledorfer     

ha-ha-guy: scottydoesntknow: FirstNationalBastard: I even like the fact that they're changing the rules for Cops being allowed to smoke.

That would be a great time to be a cop when that happens. Imagine how much is sitting in the evidence room from confiscations or seizures. You wouldn't have to buy any for months.

Enh, a lot of cops have desires to get into federal LEO or the like and smoking pot is still not going to sit well with them. For that matter, smoking pot even limits your ability to move to a PD outside of the state (the whole haven't used it for three years thing is pretty standard). So until more states legalize it, smoking as a cop messes with your career mobility.


State and local cops cannot unilaterally decide to play fed, nor would showing an inability to follow policy help a cop get into the fbi.

You are full of shiat.

09 Nov 2012 05:22 PM
Actual Farking    [TotalFark]  

Rincewind53: Actual Farking: Did you win? Because depending on some other factors, at least around here, you'd be wrong.

Sorry, I should have clarified, the actual legal question was whether the scent of raw marijuana in a vehicle granted probable cause to arrest a passenger.

We lost the motion because the State made it an issue of "scent of marijuana plus passenger fidgeting" and the judge didn't want to fight them.


That's what I figured. Scent of marijuana, plus excessive nervousness, car was en route from a drug source city, driver made innocuous but inconsistent statements, etc. And as far as the passenger is concerned, if no one in the car claims ownership of the contraband, they are all in constructive possession.

09 Nov 2012 05:25 PM
codergirl42     

armanox: fnordfocus: I still don't understand why they can't just arrest you under Federal possession laws instead.

Legally they can, but they're saying they won't - they're honoring state law over federal.

// I don't support this passing - I'm not saying it should be illegal, but if I can smell you I'm apt to throw something at you.


So you think assault is an appropriate response to someone who smokes a plant that you can smell?

09 Nov 2012 05:25 PM
scottydoesntknow    [TotalFark]  

codergirl42: armanox: fnordfocus: I still don't understand why they can't just arrest you under Federal possession laws instead.

Legally they can, but they're saying they won't - they're honoring state law over federal.

// I don't support this passing - I'm not saying it should be illegal, but if I can smell you I'm apt to throw something at you.

So you think assault is an appropriate response to someone who smokes a plant that you can smell?


He should just smoke a bowl and relax

09 Nov 2012 05:29 PM
Pair-o-Dice     
Here's what I don't get-

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 they draw your blood, how do they know if you smoked an hour ago or a week ago?
That shiat stays in your system for 30 days or so.

09 Nov 2012 05:29 PM
WTFDYW     
Citizen Cane clap for the article.

/damn I miss my gifs

09 Nov 2012 05:29 PM
whither_apophis     

ekdikeo4: OtherBrotherDarryl: "SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?"
"No."

I laughed. This was well done SPD.

that was the only humor I saw in here, but I think it was serious. Lots of headline failures today


Not a LOTR fan?

09 Nov 2012 05:32 PM
just_another_asshole/jaa     
i849.photobucket.comView Full Size
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09 Nov 2012 05:34 PM
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