Pissed-jesus_small
Reputation: 5

What is SPD's view on carrying weed on your person? Will I be arrested or fined? Is it up to the officer? How much is a serious offence?

2 Answers

  • Crw_3429-xsmall_small
    Reputation: 13

    I've been away from the department for over 10 years, so bear with me. Three years into my retirement (2003) 58 percent of city voters made simple adult possession of marijuana the police department's (and the City Attorney's) lowest enforcement priority. Truth be told, such cases were never much of a priority but this made it official, and it has made a positive difference (even fewer arrests, fewer prosecutions, fewer criminal records).

    If you're in the city of Seattle, in possession of 40 grams or less, theoretically you'd fall under the "lowest priority" law. Keep in mind, however, that low priority does not mean no priority. Technically, you're at risk carrying any amount of cannabis on your person.

    How much is a serious offense? The initiative's language called for any amount of marijuana "intended for personal use." However, the possession of 41 grams could bump you up to the King County Prosecutor's Office, and a felony charge.

    To end on an encouraging note, new City Attorney Pete Holmes is living up to his campaign promise not to prosecute simple possession cases at all, barring "out-of-the-ordinary circumstances."

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  • 090519dttwholmesp10edit_small
    Reputation: 6

    Marijuana possession remains illegal everywhere in Washington state, including Seattle. Enforcement of “personal use” possession is the lowest priority for both the Seattle City Attorney’s Office and the Seattle Police Department. I don’t prosecute simple marijuana possession cases, but marijuana possession is still a crime, and people risk arrest and search incident to arrest for possession, especially people who choose to flaunt marijuana in the presence of law enforcement.

    As for the “serious offense” question, under Washington law, possession of any amount of marijuana with intent to manufacture or deliver the marijuana is a felony, regardless of the amount of marijuana. Possession of more than 40 grams of marijuana is also a felony, regardless of intent. Possession of 40 or fewer grams of marijuana without intent to manufacture or deliver the marijuana is a misdemeanor. The King County Prosecuting Attorney is responsible for prosecuting felony offenses, so it is up to the county whether and how to charge felony marijuana offenses.

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