Charges reduced for six Washington minors hit with felony marijuana possession
A report of kids under 18 being charged felonies for possession of marijuana raised alarms and hackles over the weekend. But, says the prosecuting attorney who had filed those charges, the smoke (ahem) has cleared and he has reduced felony charges to misdemeanors for six minors.
“Unfortunately the law looked fairly clear cut,” said Asotin County Prosecuting Attorney Ben Nichols, “and as of July 1, we started charging felonies in those situation where (the accused) had to be charged.”
In fact, as the Associated Press reported, the sponsor of the new law that caused the felony charges, Sen. Ann Rivers, R-La Center, said the tougher penalty was designed to deter minors from trying an adult drug. “We have to send a message to our kids: This will hurt you in more ways than one if you decide to participate,” Rivers said.
Nichols explained that the six cases where minors were charged with felony possession this summer involved other circumstances — from possession at school and theft to taking a car without permission (or felony joy riding). So, he filed charges.
However, a class c felony carries not only the potential for a sentence of five years, but a drug-related felony also means those kids would never be able to get federal grants or student loans and a whole host of other profoundly life-limiting ramifications.
“I felt that I was painted in a corner to charge juvenile offenders with a felony,” he reiterated.
In short, the new omnibus law — Senate Bill 5052 — created a new class c felony for possession of marijuana outside of the fairly narrow channel of legality created by I-502 and the new legislation, both for recreational use and medical use. That new felony is directed at anyone caught buying, selling, growing or possessing marijuana outside of the limits of the state-run recreational market and laws. One of those limits is being over 21 years old.
Charges reduced
However, when a local reporter from the Lewiston Tribune began kicking the story around and chasing down information late last week, Nichols found himself at the center of a brewing storm of outrage.
“The one significant concern is that we’re able to do an awful lot with misdemeanor that we can’t do with felony,” he said. Those things include pre-trial diversion, or allowing kids to avoid a conviction by going to counseling and other obligations without facing potentially 5 years in prison if they mess up the deal.
So, giving a lot of credit to the local reporter, Nichols said he found an avenue for reducing those charges.
He said he talked with other prosecutors and legal scholars at the Washington Association of Prosecuting Attorneys who “walked me through the way that the law made it to final adoption and pointed out that there was a way that I could avoid charging felonies.”
So, the six kids — three were nabbed at a party where drinking and “using inhalants” was also occurring, two were in possession at school and one was caught and convicted of joy riding — all had their marijuana charges reduced to misdemeanors.
He added that the confusion over minor possession is just one of many other confusions in the new landscape of legal recreational and medical cannabis. What should officers do with paraphernalia and amounts within the legal limit. If it were beer a person committing a crime had on him, Nichols said, the officers would pour it out.
Should they also toss marijuana brought in during an arrest, for instance?
<<<<<<...see slide presentation on attachment...>>>>>>
http://blog.seattlepi.com/marijuana...ith-felony-marijuana-possession/#photo-662315
A report of kids under 18 being charged felonies for possession of marijuana raised alarms and hackles over the weekend. But, says the prosecuting attorney who had filed those charges, the smoke (ahem) has cleared and he has reduced felony charges to misdemeanors for six minors.
“Unfortunately the law looked fairly clear cut,” said Asotin County Prosecuting Attorney Ben Nichols, “and as of July 1, we started charging felonies in those situation where (the accused) had to be charged.”
In fact, as the Associated Press reported, the sponsor of the new law that caused the felony charges, Sen. Ann Rivers, R-La Center, said the tougher penalty was designed to deter minors from trying an adult drug. “We have to send a message to our kids: This will hurt you in more ways than one if you decide to participate,” Rivers said.
Nichols explained that the six cases where minors were charged with felony possession this summer involved other circumstances — from possession at school and theft to taking a car without permission (or felony joy riding). So, he filed charges.
However, a class c felony carries not only the potential for a sentence of five years, but a drug-related felony also means those kids would never be able to get federal grants or student loans and a whole host of other profoundly life-limiting ramifications.
“I felt that I was painted in a corner to charge juvenile offenders with a felony,” he reiterated.
In short, the new omnibus law — Senate Bill 5052 — created a new class c felony for possession of marijuana outside of the fairly narrow channel of legality created by I-502 and the new legislation, both for recreational use and medical use. That new felony is directed at anyone caught buying, selling, growing or possessing marijuana outside of the limits of the state-run recreational market and laws. One of those limits is being over 21 years old.
Charges reduced
However, when a local reporter from the Lewiston Tribune began kicking the story around and chasing down information late last week, Nichols found himself at the center of a brewing storm of outrage.
“The one significant concern is that we’re able to do an awful lot with misdemeanor that we can’t do with felony,” he said. Those things include pre-trial diversion, or allowing kids to avoid a conviction by going to counseling and other obligations without facing potentially 5 years in prison if they mess up the deal.
So, giving a lot of credit to the local reporter, Nichols said he found an avenue for reducing those charges.
He said he talked with other prosecutors and legal scholars at the Washington Association of Prosecuting Attorneys who “walked me through the way that the law made it to final adoption and pointed out that there was a way that I could avoid charging felonies.”
So, the six kids — three were nabbed at a party where drinking and “using inhalants” was also occurring, two were in possession at school and one was caught and convicted of joy riding — all had their marijuana charges reduced to misdemeanors.
He added that the confusion over minor possession is just one of many other confusions in the new landscape of legal recreational and medical cannabis. What should officers do with paraphernalia and amounts within the legal limit. If it were beer a person committing a crime had on him, Nichols said, the officers would pour it out.
Should they also toss marijuana brought in during an arrest, for instance?
<<<<<<...see slide presentation on attachment...>>>>>>
http://blog.seattlepi.com/marijuana...ith-felony-marijuana-possession/#photo-662315
