Curious about marijuana laws in CO and WA

[ironliver]

Out of pure curiosity,

Since recreational marijuana use has been legalized in CO and WA, but still illegal under federal law... Could a regular city leo, sheriff, etc still arrest someone using marijuana and cite federal law?

 

[ST Guy]

'Thinking of moving?

 

[mookiera]

Out of pure curiosity,

Since recreational marijuana use has been legalized in CO and WA, but still illegal under federal law... Could a regular city leo, sheriff, etc still arrest someone using marijuana and cite federal law?

Curious minds want to know. Good question. I don't know the answer.
I understand there are a number of scenarios where a regular city LEO, sheriff, etc., could arrest someone using marijuana citing the new law.

 

[eddiet204]

Out of pure curiosity,

Since recreational marijuana use has been legalized in CO and WA, but still illegal under federal law... Could a regular city leo, sheriff, etc still arrest someone using marijuana and cite federal law?

I don't know about how it works in CO and WA, but it is still a violation in CA and yes, you can still be arrested for it.

 

[stoppie]

I don't know about how it works in CO and WA, but it is still a violation in CA and yes, you can still be arrested for it.

So in Ca. you can arrest me for smoking my medical marijuana with my perscription in hand, I don't think so.

 

[Marty65]

So in Ca. you can arrest me for smoking my medical marijuana with my perscription in hand, I don't think so.

Wonderful!...now we have to worry about wigged out hashish tokers on top of the drunk drivers and distracted dips shits on cell phones :rofl

I dare you to smoke a joint with your prescription in hand at a city park or while parked and sitting in your car .... I double dare ya! :laughing....let me know how that works out for ya arty

 

[stoppie]

Smoke pot it is good for you.

 

[mookiera]

So in Ca. you can arrest me for smoking my medical marijuana with my perscription in hand, I don't think so.

I was talking about WA and CO. However, to prove your point to us all,
how about you arrange to meet Eddie @ the PoPo station and ask him to come outside, while you burn one, and have a nice lil chat with him?
I don't have a MMJ recommendation, but I still light up once in a while.
I try to avoid posting after said lighting up...

 

[mookiera]

Smoke pot it is good for you.

I suggest respect and common sense in everything you do.
That old 'Time and Place' thing, ya know.

 

[}Dragon{]

I don't know about how it works in CO and WA, but it is still a violation in CA and yes, you can still be arrested for it.

I thought possession of less than an ounce is an infraction in Ca.? Under h&s not cvc.

 

[kelsodeez]

I thought possession of less than an ounce is an infraction in Ca.? Under h&s not cvc.

this is true.

in CA. under 28 grams, even by .001 of a gram and it is a citation. it used to be a misdemeanor. im not sure how the new laws work in WA or CO, but i believe it is still illegal to sell or distribute marijuana, it is just decriminalized, meaning it is legal to posses marijuana for personal use and it is legal to be under the influence as long as you are not caring for minors or operating heavy machinery

 

[mookiera]

I thought possession of less than an ounce is an infraction in Ca.? Under h&s not cvc.

But, under federal law it is more than an infraction.
MMJ recommendation or not.

 

[eddiet204]

So in Ca. you can arrest me for smoking my medical marijuana with my perscription in hand, I don't think so.

If yours is legit, no. The majority I have seen are not. Unless your card has a CA Dept of Health stamp on it, you are getting searched, cited, or arrested. Obviously, as others have stated, less than an ounce is a cite. Since I have no way of verifying the validity of your note/card unless its a Ca Dept of Health card, you are going to have to present your case to the DA's office. Get your card here:

http://www.cdph.ca.gov/programs/mmp/Pages/default.aspx

 

[Shaggy]

So in Ca. you can arrest me for smoking my medical marijuana with my perscription in hand, I don't think so.

A doctor's recommendation is an affirmative defense to the possession of marijuana in California. See ya in court! :wave

this is true.

in CA. under 28 grams, even by .001 of a gram and it is a citation. it used to be a misdemeanor. im not sure how the new laws work in WA or CO, but i believe it is still illegal to sell or distribute marijuana, it is just decriminalized, meaning it is legal to posses marijuana for personal use and it is legal to be under the influence as long as you are not caring for minors or operating heavy machinery

An ounce is 28.35 grams, usually rounded to 28.5 for LE purposes.

 

[kelsodeez]

An ounce is 28.4 grams, not 28.0.

its actually 28.3495, but i believe in the legislation, it is stated as 28 grams.

also, there are extenuating circumstances that make the amount irrelevant, such as being accompanied by a scale, money or having the marijuana in separate baggies.

edit: nevermind you are right, but the legislation says 28.5 grams, or an avoirdupois ounce, which conflicts with each other becuase an avoirdupois ounce is 28.3495 grams.

 

[Shaggy]

its actually 28.3495, but i believe in the legislation, it is stated as 28 grams.

also, there are extenuating circumstances that make the amount irrelevant, such as being accompanied by a scale, money or having the marijuana in separate baggies.

11357. (a) Except as authorized by law, every person who possesses
any concentrated cannabis shall be punished by imprisonment in the
county jail for a period of not more than one year or by a fine of
not more than five hundred dollars ($500), or by both such fine and
imprisonment, or shall be punished by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code.
(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of an infraction punishable by a fine of not more than one
hundred dollars ($100).
(c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in a county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.

Possessing marijuana for sale is a different crime than possessing over one ounce of marijuana. Possessing marijuana for sale is covered under 11359 H&S. This can be met by weight alone, or by the accompaniment of scales, individual packing, cash, pay/owe sheets, etc...

Source: 4 years of LE in Mendocino County

 

[lolibater]

I wonder if an officer would even care to reason that the reason my weed is in separate baggies is because I have multiple kinds, and I have a scale because I like to smoke the same amount each time so that it's easier to judge the potency. I don't personally carry large sums of cash, but it's not like having money is a crime either.

 

[Shaggy]

You are permitted by law to have with you that amount you need to "medicate" yourself. If you're going to your girl's house for the night and you've got an ounce of weed, but only smoke a gram per day then you are out of compliance.

Rethink your travel habits if you need to have with you 8 different strands of weed that are not already weighed for "medication" purposes.

So to answer your question... No. An officer trained in marijuana laws would not agree with your contention and it could very easily be articulated in court if need be.

 

[lolibater]

These are purely hypotheticals; I have absolutely no trouble transporting my belongings safely.

How does the officer know how much I smoke a day?
Maybe I use different strains for their different effects that help treat various ailments.

And I'm not talking about lugging a freakin quarter pound around or anything.

 

[}Dragon{]

its actually 28.3495, but i believe in the legislation, it is stated as 28 grams.

also, there are extenuating circumstances that make the amount irrelevant, such as being accompanied by a scale, money or having the marijuana in separate baggies.

edit: nevermind you are right, but the legislation says 28.5 grams, or an avoirdupois ounce, which conflicts with each other because an avoirdupois ounce is 28.3495 grams.

Do you count the stems? :laughing ^^^

Back sorta on topic:

The question is would/could a state/county/local Peace Officer arrest for a federal statutory offense?

Any (non-fed) LEOs here ever arrest for a federal violation?