IS I-75 JUST BLOWING SMOKE?

Here's What Pot Initiative Really Changes -- Not Much

Seattle voters had spoken, and their message seemed simple enough:
Leave pot smokers alone.

But what does it all mean?

With Initiative 75 certain to pass (by yesterday, it had 59 percent of
the vote counted so far), is it now legal to smoke pot in Seattle?

Can you still be prosecuted?

And what about marijuana for medical purposes?

To help make sense of it all, we took these questions -- and more --
to the Seattle Police Department and Tom Carr, the city attorney.

Question: When does the initiative go into effect?

Answer: It will kick in almost immediately after election results are
certified Sept. 26.

Q: Will it then be legal to possess or use pot in Seattle?

A: Carr and the Seattle police say "no." State and federal drug laws
make it clear that possession and use of marijuana is against the law.
And it's up to local police and prosecutors to enforce drug laws.

"If someone is arrested and marijuana is in their pocket, they will be
charged," Carr says. "We've not legalized marijuana in Seattle, and we
can't."

His advice?

"If you're going to get arrested for civil disobedience, try not to
have marijuana in your pocket."

Adds Duane Fish, a police spokesman: "We don't want people to think
it's been decriminalized. It is still a crime."

Q: So what the does the initiative actually do?

A: It requires that police and prosecutors treat possession of small
amounts of marijuana as their lowest priority.

And the message, Fish says, is more symbolic than substantive.

As it stands now, Seattle police already place a pretty low emphasis
on possession of small amounts of marijuana, and they'll continue down
that path, he says.

Adds Carr: "There won't be much difference than what we're doing today. We
don't arrest and prosecute a lot of people for marijuana. Honestly, we're
not going to increase our arrest rate."

Q: What about people who sell marijuana or push their product on
children? Does this mean police will look the other way?

A: No. The measure only applies to small amounts of marijuana intended
for personal use -- by adults.

Q: What's a small amount of pot?

A: Forty grams, enough to roll 50 or 60 cigarettes.

Q: Say I'm arrested and charged with possessing a small amount of pot.
What kind of penalty am I looking at?

A: The maximum penalty, says Carr, is 90 days in jail and a $1,000
fine. First-time offenders likely face at least one day in jail and a
$250 fine. Bear in mind, Carr says, that criminal sentences are
determined by criminal history.

Q: Will the police come looking for me if I smoke some
pot?

A: In most cases, no. Arresting people for using marijuana is already
a low priority for police.

Since 1998, the number of misdemeanor marijuana cases prosecuted by
the City Attorney's Office has steadily declined. And of all the
misdemeanor cases handled by the city attorney, only a small number
are for marijuana possession.

"We don't go out and do buy-busts and raids, so that won't change,"
Carr says. "We're not going out to create great havoc in (users') homes."

Adds Fish: "We don't proactively seek out misdemeanor marijuana possession
cases."

Q: The initiative mentioned something about a panel. What's that
about?

A: Under the measure approved by voters, the City Council president
must appoint an 11-member panel to look at the initiative's impact.

The Police Department and the city attorney will be required to report
marijuana arrests and prosecutions to the panel semi-annually.

These reports would also include felony cases in Seattle handled by
the King County prosecutor.

Q: What will the panel do with that information?

A: After two years, the City Council can decide to modify or repeal
the measure, or simply let it stand.

Q: I'm confused. Can't you already possess marijuana for medical
use?

A: Yes. Washington residents diagnosed with a terminal or debilitating
condition may use a limited quantity of medicinal marijuana.

A doctor, after consulting with a patient, can then provide medical
documentation for that person, who may then possess a 60-day supply of
marijuana.


Pubdate: Thu, 18 Sep 2003
Source: Seattle Post-Intelligencer (WA)
Webpage: http://seattlepi.nwsource.com/local/140155_potqanda18.html
Copyright: 2003 Seattle Post-Intelligencer
Contact: editpage@seattle-pi.com
Website: http://www.seattle-pi.com/