Monday, November 19, 2012

Voters Legalize Marijuana, States Dismiss Hundreds of Pending Marijuana Cases

OFF THE WIRE
by Erik Altieri, NORML Communications Director
Many wondered just what the exact effects of passing a marijuana legalization law would be. Some speculated no good would come of passing a state law while it is still in conflict with federal law. Now that we are a few weeks out from passing the two very first marijuana legalization measures in this country, we are beginning to have answers to these questions.
In addition to the legalization of personal possession (and cultivation of 6 plants in Colorado) that is set to go into effect on December 6th in Washington and no later than the first week of January in Colorado, we are beginning to see more positive benefits from the success of these two initiatives. Last week, two of the largest counties in Washington State, King and Pierce Counties, dismissed all pending marijuana possession cases. Clark County dismissed its cases in the days that followed. This week, Boulder County in Colorado dismissed all their pending cases and Spokane is preparing to dismiss many of theirs. It is likely that this trend will continue as we move forward and further counties in both states will also dismiss any of their pending marijuana possession cases.
So, what is the immediate result of the legalization votes on November 6th? Hundreds people will now avoid being tagged with permanent criminal records, will no longer have to appear in court and lose money and time defending themselves for a minor marijuana charge, will no longer have trouble finding employment because of a possession conviction on their record, and will no longer have to spend the mandatory 24 hours in jail that was mandated by Washington State law prior to the passage of I-502. These citizens are simply the first to benefit, there will now be tens of thousands of Americans in Colorado and Washington who won’t have to feel like criminals, pay fines, or serve jail time for the non-violent act of recreationally consuming cannabis.
And, by the way, the rest of the country is taking notice. If you haven’t heard, Rhode Island and Maine will be introducing legalization measures into their state legislatures today.
UPDATE: 11/16/2012
Just in from Denver 9news, more counties are stopping enforcement of marijuana possession in light of Amendment 64 and are considering dropping pending cases.
9News: Denver, other cities to limit pot prosecutions
In Denver, Denver District Attorney Mitch Morrissey’s office confirmed they don’t anticipate any new charges will be filed for possession of less than an ounce of marijuana for anyone 21 and older, effective immediately. This is provided it is the only offense that would warrant a citation.
Additionally, the approximately 70 pending marijuana possession of less than on ounce cases in Denver will be individually reviewed to determine if charges will be dropped.
According to Denver District Attorney Office spokeswoman Lynn Kimbrough, if the possession charge is combined with other charges, the case will most likely not be dismissed.
In Grand Junction, police have already been told to stop issuing ounce-or-less marijuana tickets, according to police documents obtained by the Grand Junction Daily Sentinel.
Routt County District Attorney Brett Barkey says he plans to meet with senior staff members Thursday to decide whether to proceed with prosecuting petty marijuana cases that are pending in the courts.
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