A recent state Supreme Court ruling has medical marijuana patients and advocates up in arms. The court determined that a doctor’s order for marijuana is not enough to keep a person from being arrested, that the right to possess the marijuana is something to be determined at trial.
The case that took it this far involved the arrest of Jason Fry, a resident of Stevens County who was found in possession of 2 pounds of marijuana. His conviction was upheld because he was found to not be a “qualifying patient.” However, the long term results of his case may affect many more who are.
Under the Supreme Court ruling, police have the right to investigate a potential crime when probable cause is present. This is not new. What makes this opinion unique is that the Court ruled a person’s “prescription” for marijuana does not make him immediately exempt from legal ramifications including arrest and costly court proceedings.
According to the Seattle Times, the ruling likely won’t affect many within the city simply because marijuana enforcement is a low priority for this area. Those living outside of the city may struggle with it, however.
For people who aren’t eligible for medical marijuana, being caught with the green stuff is as serious as ever. Particularly in areas outside of Seattle metro, you are facing criminal charges when you are caught in possession.
Being charged with possession of marijuana can get you up to 90 days in jail and fines when you have less than 40 grams. However, if you are found with more than 40 grams, you could face felony charges and up to 5 years in prison.
When facing any type of drug charges, the first thing that should be evaluated with your attorney is the search. Police have many rules that must be followed when searching someone before an arrest. If the marijuana was not found in a legal search we may be able to get the charges against you dismissed.
Contact us today to discuss the specific details of your case.