Category Archives: marijuana

WA Supreme Court Rules People Can Be Cited for DUI While Driving High

Driving While High | Time

In State v. Fraser, the WA Supreme Court held that people can be cited for DUI for driving while high. The decision upholds the state’s decade-old law regulating marijuana use behind the wheel of a car.

BACKGROUND FACTS

A Washington State Patrol trooper pulled Mr. Fraser after seeing him speeding alone in an HOV lane, changing lanes erratically and cutting off other drivers. When the trooper approached the car, he noticed Fraser was wearing an employee badge from a local cannabis dispensary. The trooper said Fraser was shaking, sweating and had dark circles under his eyes. According to the trooper, Fraser said he had smoked “half a day” earlier but that he no longer felt impaired. After performing several field tests, the trooper arrested Fraser on suspicion of DUI.

A blood test later showed Fraser had a THC blood concentration of 9.4 nanograms per milliliter, with a margin of error of 2.5. That put his THC blood concentration above the state’s 5 ng/ml limit.

Fraser went to trial. He was convicted of DUI.

On appeal, Fraser challenges the constitutionality of the DUI statute. He claimed that the THC limit was not correlated to any real measure of impairment. Therefore, it was arbitrary, vague and unconstitutional. He backed his opinion with testimony from a doctor who said the effect of a given level of THC can vary significantly from person to person.

COURT’S ANALYSIS & CONCLUSION

All nine justices rejected Douglas Fraser’s argument that his 2017 DUI was based on an arbitrary and vague standard for THC levels in the blood. The justices acknowledged that the correlation between THC levels and impairment is challenging to pinpoint. However, they found that blood measurements nevertheless provide a useful and constitutionally acceptable measurement.

“Although this limit may not be perfect in terms of identifying degree of impairment for all individuals, it is reasonably and substantially related to recent consumption, which is related to impairment.” ~WA Supreme Court Justice G. Helen Whitener

And while driving and cannabis use are both legal, neither is a right, the justices said. The impairment caused by 5 ng/ml of THC in the blood may vary. However, the limit serves its purpose by discouraging drivers from taking to the roads after using marijuana.

“The laws aim to deter people who have consumed cannabis from driving when there is a possibility they could be impaired, thus promoting some public interest of highway safety.” ~WA Supreme Court Justice G. Helen Whitener

It’s reasonable to assume the law will continue to do just that, Whitener wrote, and “the highways will be safer because of it.”

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Why Pot Shops Get Robbed

Brutal Pot Shop Robbery Caught On Camera

The news bombards us with frequent reminders of WA marijuana retailers getting robbed and burglarized.  Pot shops up and down the I-5 corridor, from Bellingham to Vancouver, are increasingly becoming the target of armed robberies. And some of those robberies have even left employees with gunshot wounds.

One reason why pot shops are hit so often is that the businesses are cash-only. Because marijuana is federally illegal, federal law prohibits the stores from taking credit or debit card payments. Transactions in the U.S. involving the purchase or trade of marijuana are not permitted on credit card networks until federal law allows. As a result, credit card companies have distanced themselves from facilitating marijuana -based transactions.

Banking has been a sticking point for the legal cannabis industry for much of its existence. Even where legal, banks are often hesitant to get involved with cannabis businesses. That extends to cannabis credit card processing: a card network ban on cannabis transactions has locked state-legal THC licensees out of merchant processing services, preventing them from transacting with debit and credit cards.

Credit unions are also leery of marijuana transactions for many of the same reasons. The National Credit Union Association (NCUA) reports that under federal law and regulations, there are some “worst case scenarios” that may occur. First, a credit union could face criminal liability for banking a business that engages in a federally illegal activity, i.e., the sale of marijuana. Second, the NCUA could pull the credit union’s charter, thus, potentially leaving the credit union’s members temporarily without services and requiring that credit union to be absorbed into a different credit union.

Third, the NCUA could terminate the credit union’s share insurance account, which would force that credit union to find a private insurance provider. Fourth, the credit union could lose access to its Federal Reserve master account. And finally, should a credit union’s member(s) be prosecuted, their funds could be tied up in asset forfeiture proceedings, which could be labor-intensive and impact the credit union’s balance sheets.

My opinion? When cannabis becomes legal in the U.S. federally, all merchants — ecommerce and brick-and-mortar — can expect an explosion of legitimate payment providers. Until then, cash is king. And as such, unfortunately, marijuana retailers may continue to be victims of crime.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Pot Sales Boomed in Washington During COVID-19 Pandemic

Here comes 'Big Marijuana' and the Republican hypocrites | Higher Ground | Detroit | Detroit Metro Times

A new Leafly report shows that national sales boomed during the COVID-19 Pandemic in 2020, including in Washington, leading to growth in revenue and jobs.

Also, Leafly’s more recent Jobs Report shows that nationally, cannabis sales saw a 71% surge between 2019 and 2020. And Americans bought $18.3 billion worth of pot products in 2020, according to the report.

“Despite a year marked by a global pandemic, spiking unemployment, and economic recession, the legal cannabis industry added 77,300 full-time jobs in the United States,” Leafly’s 2021 jobs report says. “That represents 32% year-over-year job growth, an astonishing figure in the worst year for US economic growth since World War II.”

Legalization of marijuana in some form or another is rapidly catching on in most U.S. states. While some states that recently legalized recreational or medicinal use of marijuana added more jobs than Washington in 2020, its industry has continued to grow steadily since 2012, the report says.

Washington’s cannabis sales increased by 17% in 2020, with customers spending $1.42 billion on marijuana products, leading to a boom in employment, the report says. The state has 19,873 cannabis industry jobs, which is 524 more than 2019.

As one of the pioneering states in the sale of recreational marijuana, Washington has the fifth-most cannabis jobs and some of the highest sales number in the U.S., according to the report.

WHY THE SURGE?

When the Covid-19 pandemic hit the United States in March, many in the cannabis industry worried about a massive industry-wide shutdown. Instead, governors in most states declared cannabis an essential product. Dispensaries and retail stores responded by offering online ordering, curbside pickup, and delivery as Covid-safe options for their customers.

Customers, in turn, responded by stocking up for those weeks of stay-at-home advisories. After a brief dip in late-March revenue, most stores saw a significant bump in April—and then the bump became a plateau.

My opinion? Whether it or not it ends up being a coping mechanism for COVID-19 pandemic, it looks like cannabis has become how many people are making it through.

Please contact my office if you, a friend or family member face Drug Charges or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Decriminalize Personal Use

Image result for decriminalize drugs

On Thursday, Washington lawmakers introduced House Bill 1499. This bill would work to decriminalize personal use of drug possession and expand treatment and support services. The bill is sponsored by State Rep. Lauren Davis, a 32nd District Democrat from Shoreline, who represents portions of Edmonds, Lynnwood and Mountlake Terrace.

According to the Washington State Department of Health, an average of two people die from an opioid overdose every day in the state.

HB 1499, called the Pathways to Recovery Act, was introduced by Davis and co-sponsor Rep. Kirsten Harris-Talley, D-Seattle, It’s supported by various medical advocacy and civil rights organizations like Treatment First Washington, Care First Washington and Washington Recovery Alliance.

“The opposite of addiction is not sobriety, it’s connection . . . In all my years of work in this field, I can say that what keeps people from seeking treatment boils down to two things: one, they don’t believe recovery is possible for them, and two, they don’t believe they’re worthy of recovery.” ~WA State Rep. Lauren Davis

In short, the bill itself decriminalizes personal-use amounts of drugs. The decriminalization part is based on the widening belief that jail time and legal consequences often present more problems than rehabilitative solutions for people suffering from addiction, creating a vicious cycle.

“The Legislature finds that substance use disorder is among the only health conditions for which a person can be arrested for displaying symptoms.” the bill reads. “People use drugs to escape the painful reality of their lives and circumstances, including trauma that’s never had a chance to heal.”

According to Davis, building this new continuum of care would be funded piecemeal from a federal substance abuse block grant, money obtained through opioid manufacturing lawsuits and state general funds saved from expected reductions in the Department of Corrections budget needs.

Please contact my office if you, a friend or family member face drug charges. Hiring an effective and competent defense attorney is the first and best step toward justice.

DUI’s Raise Insurance

Best Car Insurance Options After A DUI

Great article by Andrew Hammond of the Tacoma News Tribune says that according to the Northwest Insurance Council, extra patrols will be deployed to look out for impaired motorists this holiday season. And unfortunately, it doesn’t stop there.

Hammond also reports that NW Insurance Council President Kenton Brine said, “Long after the arrest, conviction, possible jail time and fines, the consequences of having a DUI citation can continue to increase the cost of insurance for offenders.”

“To an insurer, having a DUI indicates a highly risky driving history, which is a primary factor insurers use to determine auto insurance premiums. Insurance companies may review a motor vehicle report upon renewal of an auto policy to discover any citations, including a DUI. Drivers with an infraction for DUI would likely see a premium increase or surcharge, or their policy may not be renewed.”  ~Kenton Brine, President of the Northwest Insurance Council.

DUIs can be caused by the use of marijuana, prescription drugs and even over-the-counter drugs like Nyquil and Ambien as well as alcohol.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

President-elect Joe Biden on the U.S. Drug Epidemic

Joe Biden says he 'regrets' supporting 'tough-on-crime' drug laws in 1990s as he considers presidential bid | The Independent | The Independent

Excellent article in Politico by staff reporters Dan Goldberg and Brianna Ehley discusses how President-elect Joe Biden will emphasize drug treatment and prevention, not law enforcement, in addressing a drug epidemic that’s only grown more dire during the Coronavirus Pandemic.

According to the article, Biden will take office at a crucial moment in the fight against drug addiction. Some states are contending with double-digit spikes in overdose deaths, sparse public health workforces are already stretched thin fighting the coronavirus and widening budget deficits brought on by the pandemic could force states to make painful cutbacks to public services.

Also, more than 76,000 people died of a drug overdose between April 2019 and April 2020, according to the most recent preliminary federal data, the most ever recorded during a 12-month period. Federal health officials say the drug crisis has only been amplified by months of social isolation, high unemployment and the diversion of resources to combat the virus.

Biden, who often spoke during the campaign about his son Hunter’s struggles with substance abuse, has called for record investments in drug prevention and treatment while also holding drug companies accountable for their role in the opioid epidemic.

According to the article, it’s staggering how much the pandemic has exacerbated the drug crisis this year. Ohio recorded 543 overdose deaths in May, the most ever in a single month. Overdose deaths in the state this year may even surpass a record 4,800 in 2017, said Dennis Cauchon, president of Harm Reduction Ohio.

“I never thought we could top 2017 levels of death and I was wrong . . . It’s a slaughter out there.” ~Dennis Cauchon, president of Harm Reduction Ohio.

Oregon reported a 70 percent increase in the number of overdose deaths in April and May compared to the same two months in 2019. In Maine, overdose deaths during the first half of 2020 were up 27 percent from the previous year. Spikes have also been documented in Colorado, Kentucky and Louisiana.

Please contact my office if you, a friend or family member face drug charges. The search and seizure of the drugs may have violated the defendant’s Constitutional rights. Hiring an experienced and effective criminal defense attorney is the first and best step towards justice.

New Year’s Eve DUI Patrols

What To Expect At DUI Checkpoints This New Year's Eve | David Ortiz Bail Bonds | Visalia Bail Bond Store

The WA State Patrol (WSP) issued a press release stating WSP Troopers will be out looking for impaired drivers this week in preparation for the New Year. Patrols will be increased to include Troopers brought out to supplement regularly assigned patrols. WSP has partnered with five other states to form the Western States Traffic Safety Coalition. Washington, Oregon, California, Idaho, Nevada and Arizona are working together to save lives by removing impaired drivers from all of our roadways. The message is clear; A New Year but an old truth- There’s no safe place for impaired drivers to hide.

These extra patrols will include specially trained troopers to help identify and detect drug impaired drivers. Most WSP troopers receive additional training in drug impaired driver detection. This training, Advanced Roadside Impaired Driving Enforcement (ARIDE) is specifically focused on detecting drivers impaired by drugs. Troopers trained as Drug Recognition Experts (DRE) will also be out to assist in identifying and detecting drug impaired drivers. DREs receive training to identify what drugs a driver may be impaired by.

Please contact my office if you, a friend or family member face DUI or any other alcohol-related driving crimes. It’s imperative to hire an experienced defense attorney who is knowledgeable of DUI defense.

Holiday DUI Patrols

According to an article in the Skagit County Herald, law enforcement agencies across the state are participating in emphasis patrols that search for motorists driving under the influence of drugs and alcohol.

Drivers impaired by alcohol, marijuana and other drugs are involved in half of all traffic deaths in Washington, according to the state Traffic Safety Commission. From 2013-17, 1,268 people were killed in such crashes.

“These tragedies are completely preventable,” commission Director Darrin Grondel said in a notice of the emphasis patrols. “As a community, we can end DUI-related deaths. We are asking for help. If you are in the position to prevent someone else from driving impaired, please be bold. Offer to call them a ride or give them a safe place to sober up.”

In a recent commission survey, 81% of respondents said they would try to prevent someone from driving impaired.

The Washington State Patrol has investigated 18 fatal collisions year to date with the majority caused by impaired drivers. The Mobile Impaired Driving Unit (MIDU) will also be deployed in a central location for all law enforcement to use during this emphasis. There will be processors on board along with a phlebotomist for search warrant blood draws if necessary. This will allow for the suspected impaired drivers to be dropped off and allow law enforcement to return to patrol for additional impaired drivers.

Please contact my office if you, a friend or family member are charged with a DUI. Hiring an effective and competent defense attorney is the first and best step toward justice.

Vacate Your Pot Conviction

Image result for vacate pot marijuana conviction
You can now vacate your pot conviction.
On Sunday, June 28th the Marijuana Justice Initiative was signed by Governor Jay Inslee. Consequently, many people with misdemeanor or gross misdemeanor marijuana convictions in Washington state can apply to have those convictions wiped from their records. The new law expands on the governor’s pardon offer in a few ways:
  • A pardon does not vacate a conviction.
  • People with multiple marijuana misdemeanor convictions are eligible.
  • The date of the conviction doesn’t matter.
  • The new law applies to violations of municipal ordinances, not just state law.

If you’re looking to get a conviction vacated, and none of the above limitations apply to you, the process is relatively simple:

  1. Find the court where your conviction occurred. If you’ve been convicted in multiple courts, you’ll need to apply in each court separately.
  2. Fill out the proper paperwork. The form you’ll submit is called a Motion and Declaration for Order Vacating Marijuana Conviction.
  3. File your motion with the court clerk’s office and ask to schedule a hearing. Follow their instructions from there.

Once a court vacates a conviction, the person is clear of all penalties that resulted from it, and it can’t be considered during sentencing for any subsequent conviction, according to a legislative analysis of the bill. Further, a person who has a conviction vacated can state that they have never been convicted of the crime when applying for housing or employment.

My opinion? This is excellent, progressive step toward decriminalizing low-level drug crimes. Please contact my office if you, a friend or family member are charged with a drug crime. Although Washington State passed initiatives which legalized marijuana possession, it’s comforting that our politicians are moving forward with legislation that gives defendants opportunities to vacate low-level marijuana convictions.

Please contact my office if you, a friend or family member face Drug Charges. Hiring an effective and competent defense attorney is the first and best step toward justice.

Washington Crime Report Released

Crime Report — The Downey Patriot

The Washington Association of Sheriffs and Police Chiefs (WASPC) just released its 2017 Crime in Washington Annual Report.

It was compiled from data submitted to the Washington State Uniform Crime Reporting Program of the WASPC by Washington State law enforcement agencies.

FACTS AT A GLANCE

  • In 2017, Crimes Against Persons showed an increase of 0.4% with 84,145 offenses reported; compared to 2016 offenses reported of 83,771.
  • In 2017, Crimes Against Property showed an decrease of 6.7% with 295,274 offenses reported; compared to 316,361 offenses reported in 2016.
  • In 2017, Crimes Against Society showed an increase of 5.9% with 32,011 offenses reported; compared to 30,230 offenses reported in 2016.
  • Group A offenses were cleared by arrest or exceptional means 25.6% of the time.
  • The crime rate (per 1,000 in population) for Group A offenses was 69.1.
  • The total arrest rate per 1,000 in population was 25.6.
  • Juveniles comprised of 6.9% of the total arrests.
  • Domestic Violence offenses made up 50.4% of all Crimes Against Persons.
  • A total of 25,400 persons were arrested for DUI, including 163 juveniles.
  • A total of 531 hate crime incidents were reported.
  • There were a total of 1,643 assaults on law enforcement officers and no officers killed in the line of duty.
  • Full-time law enforcement employees totaled 15,873; of these 11,078 were commissioned officers.
  • There were 11,986 arrests for drug abuse violations; of that number, 10.2% were persons under 18 years of age.
  • Possessing/concealing of marijuana constituted 16.7% of the total drug abuse incidents; the distributing/selling of marijuana accounted for 1.1% of incidents(type of criminal activity can be entered three times in each incident).
  • Possessing/concealing of heroin constituted 32.2% of the total drug abuse incidents; the distributing/selling of heroin accounted for 4.6% of incidents (type of criminal activity can be entered three times in each incident).
  • The weapon type of “Personal Weapons” (hands, fists or feet) was reported in 51,817 incidents; firearms were reported in 8,465 incidents (up to three weapons can be reported in each incident).
  • There were 6,212 sexual assault (forcible and non-forcible) incidents reported in 2017. There were a total of 6,212 victims in these incidents; with a total of 6,300 offenders.
  • There were a total of 54,294 domestic violence incidents reported; 12,023 of these incidents were Violations of Protection or No Contact Orders.

Overall, the data is very interesting.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.