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But isn’t marijuana legal?

Shira J. Stefanik can help you navigate the world of cannabis.

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But isn't marijuana / cannabis legal?

Sort of. Reassuring, right? Initiate 502 (I-502) was passed in December of 2012, which allowed marijuana / cannabis to be grown and sold in stores for recreational use for adults over the age of 21 in the State of Washington. But there are extensive rules are regulations outlining how some marijuana/cannabis is legal. “Black market” products are not legal. Cannabis is still illegal federally, so smoking a joint in a national park can get you charged with a federal crime. Such enforcement is becoming increasingly infrequent, but it is important to remember that the legal status of Cannabis is still a somewhat gray area. And there are still cannabis activities that can lead to criminal charges.

Growing Marijuana / Cannabis In Washington State

If you are not a licensed grower, you cannot grow your own cannabis. Unless it is for medical use, and you are growing no more than 15 plants – unless you can demonstrate that it is medically necessary to grow more than 15 plants to properly treat your condition. You are supposed to register with the Department of Health, unless you are only growing 4 plants for your own private medical use. 

Law enforcement still obtains warrants and busts “illegal grows”, usually contained in a residence. You need an aggressive Seattle marijuana lawyer in your corner. I have handled countless cases like this over the years and I know where to look for weaknesses in the government's case.

Marijuana / Cannabis DUIs In Seattle, Washington

I-502 “legalized” recreational marijuana / cannabis, but the initiative also created a new standard for THC DUIs. Based on the science back then, which was not accurate, the drafters of I-502 created a “per se” standard for THC DUIs of 5ng/mL of whole blood. This standard is supposed to be comparable to blood alcohol content for alcohol DUIs – but it is not. At all. Sadly, the Washington Supreme Court recently decided that a scientifically valid law was not necessary, so we as citizens of Washington are stuck with this inaccurate standard. That does not mean that a THC DUI is unwinnable, but it does mean that the government can try to convict you when you are not impaired if your blood is at or above a certain level.

This 5ng/mL is for level test active THC, not the carboxy compound associated with non-intoxicating CBD. But beware – many “CBD” products contain low amounts of THC, so you can still unknowingly be charged with a THC DUI if your blood tests at or above 5ng/mL.

Contact us to discuss your case with a Seattle marijuana DUI lawyer.

Marijuana Asset Forfeiture King County, Washington

If you are accused of operating an illegal grow house, law enforcement will often times seize your property and try to keep it under a process called asset forfeiture. Asset forfeiture is a civil proceeding that the government uses to try to take property they think you obtained with illegal money. The government will take your cars, your cash, your bank accounts, electronics, clothing, and even the title to your house if they think you cannot prove that the money you used to buy these things was clean. Asset forfeiture has several deadlines to make a claim for the return of your property, so you need an experienced Seattle asset forfeiture lawyer fighting for you. Call us as soon as you are busted so we can help you keep your property.