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(Some Guy)   The best, and most humorous, explanation of Washington State's new Marijuana policy. Bonus: From the Police   (spdblotter.seattle.gov) divider line 179
    More: Amusing, Washington, SPD, Mayor Mike McGinn, marijuana possession, marijuana legalization, explanations  
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23026 clicks; posted to Main » on 09 Nov 2012 at 5:00 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-11-09 03:47:00 PM
"SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?"
"No."


I laughed. This was well done SPD.
 
2012-11-09 03:47:12 PM
Hmmm, maybe it's time for a road trip.
 
2012-11-09 03:48:58 PM
Now that's how cops should do community outreeach.
 
2012-11-09 03:53:02 PM
December 6th seems like a really long ways away. What happens if I get caught with marijuana before then? Hold your breath.


Comedy gold.......
 
2012-11-09 03:53:23 PM

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.
 
2012-11-09 04:03:24 PM

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.
 
ZAZ [TotalFark]
2012-11-09 04:04:12 PM
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.
 
2012-11-09 04:06:11 PM
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.
 
2012-11-09 04:08:14 PM
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.
 
2012-11-09 04:10:39 PM

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
 
2012-11-09 04:13:02 PM

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.
 
2012-11-09 04:14:47 PM

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
 
2012-11-09 04:15:58 PM

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.
 
2012-11-09 04:16:11 PM

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.
 
2012-11-09 04:16:26 PM
The Lord of the Rings clip was pretty priceless too.
 
2012-11-09 04:16:49 PM

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.
 
2012-11-09 04:20:57 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.


Did you win? Because depending on some other factors, at least around here, you'd be wrong.
 
2012-11-09 04:21:39 PM

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


Please tell me you're not serious....
 
2012-11-09 04:24:03 PM

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.
 
ZAZ [TotalFark]
2012-11-09 04:25:36 PM
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.
 
ZAZ [TotalFark]
2012-11-09 04:30:06 PM
 
2012-11-09 04:36:56 PM

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.
 
2012-11-09 04:37:55 PM

ZAZ: Here's the story about raw marijuana smell in Massachusetts: http://www.enterprisenews.com/topstories/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).
 
2012-11-09 05:05:29 PM
I still don't understand why they can't just arrest you under Federal possession laws instead.
 
2012-11-09 05:08:31 PM

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.
 
2012-11-09 05:09:37 PM

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
 
2012-11-09 05:10:50 PM
Will police officers be able to smoke marijuana?

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


That's gold Jerry!
 
2012-11-09 05:11:40 PM
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....
 
2012-11-09 05:11:46 PM

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.
 
2012-11-09 05:12:00 PM
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.
 
2012-11-09 05:12:13 PM
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.
 
2012-11-09 05:13:15 PM
To be fair, if you have to deal with Seattle cops, pot is going to be the least of your worries.
 
2012-11-09 05:13:26 PM

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.
 
2012-11-09 05:14:00 PM

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.
 
2012-11-09 05:14:11 PM
sure pots can't smoke cops/ but can cop smoke pot
???
i mean crack cocaine!!!!
 
2012-11-09 05:16:17 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.



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.
 
2012-11-09 05:17:20 PM
sphotos-a.xx.fbcdn.net
 
2012-11-09 05:18:14 PM

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.
 
2012-11-09 05:18:27 PM
"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.
 
2012-11-09 05:19:29 PM
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
 
2012-11-09 05:21:03 PM

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.
 
2012-11-09 05:21:42 PM

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.
 
2012-11-09 05:22:25 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.


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.
 
2012-11-09 05:25:19 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.


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.
 
2012-11-09 05:25:59 PM

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?
 
2012-11-09 05:29:19 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?


He should just smoke a bowl and relax
 
2012-11-09 05:29:54 PM
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.
 
2012-11-09 05:29:57 PM
Citizen Cane clap for the article.

/damn I miss my gifs
 
2012-11-09 05:32:03 PM

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?
 
2012-11-09 05:34:05 PM
i849.photobucket.com">
 
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