It is distressing to be an out-of-state traveler cited with a marijuana charge in Washington State.   One minute you are driving down I-90 going about your business, and the next minute you are pulled over and the police are tearing your car apart trying to find a gram or two of marijuana.   Or maybe you are at a concert at the Gorge Amphitheater, and you are wondering why the police picked you out of the hundreds of people that are in possession of marijuana.  Sometimes it is just rotten luck, and sometimes it a a matter of police profiling.  But either way, you are given a court date, and you are wondering how this hassle is going to disrupt your life for the next couple of months. When you get a ticket on a weekend, you are often left scrambling trying to get a hold of a criminal defense lawyer to discuss the case.

How your Washington marijuana case is resolved is often influenced by geography.  In Seattle the police and prosecutors really don’t bother with misdemeanor marijuana charges.  However, in eastern Washington, the story is different.  The prosecutor policies are more conservative, and defendants quickly learn about the mandatory 1 day in jail and $250 fine for even misdemeanor amounts of marijuana.  However, here are some pretty uniform things that you can expect when cited for marijuana possession in Washington.   Also, there is a lot that a defense lawyer can do to protect you from the penalties of marijuana possession.

Arraignment

When you are cited for possession of marijuana under 40 grams, you will often be given a ticket (sometimes an “e-ticket”) that will require you to appear in court for an arraignment.  For an out-of-state traveler, this can be a huge hassle to have to return to the state.  However, sometimes the arraignment will be canceled if a defendant hires an attorney and the attorney files a “not guilty” plea with the court.  In many jurisdictions in eastern Washington, the arraignment can be waived, thus saving the defendant a trip back from out-of-state.  Talking to the court clerks is often pretty frustrating because they do not have the authority to waive a defendant’s presence at a court date.

Appearing by phone

Jurisdictions in eastern Washington vary greatly when it comes to appearing by phone.  In Spokane, this is rarely allowed.  In Grant County, it is sometimes allowed, and in Okanogan County this is often allowed if your lawyer seeks permission in advance.  Some jurisdictions, like Ferry County, are slow to even let lawyers appear by phone.  I often represent defendants from out-of state on these marijuana charges, and appearing by phone can save a person from having to buy an $800 plane ticket to come back.  However, doing a plea of guilty by phone is pretty rare, and under the court rules a waiver of speedy trial should be done with the defendant present in court.  However, lawyers often get around this issue by noting a “FTA” or “failure to appear” on the record thus allowing the parties more time to prepare.  You can usually expect a criminal defense lawyer to try to minimize the amount of time that you need to appear for court when you are charged with possession of marijuana

Medical Marijuana

As a criminal defense lawyer, I often face the issue of out-of-state residents who are cited for possession of marijuana when they have medical marijuana cards from their home state of California, Montana or Oregon.  Getting an out-of-state medical marijuana card recognized in Washington is an uphill battle.  However, even in the absence of a strict legal defense, an attempt to comply with the laws of a person’s home state is certainly looked upon favorably by the courts.  I am often asked about whether it would be helpful to obtain a Washington medical cannabis authorization after the fact.  This is sometimes helpful, particularly when there is a showing of a serious medical condition.

Probation, etc.

If you don’t get your case dismissed, there is often some follow-up work to do.  Sometimes you will be asked to go to an 8-hour Alcohol /Drug Information School or “A.D.I.S.”  This can sometimes be hard if you live out of state.  For example, I have never really been able to find equivalent A.D.I.S. classes in California.  Often times, I will ask the judge and prosecutor to accept an equivalent online class.  If a person is ordered to be on probation, this can be problematic for an out-of-state resident.  After all, a person can’t very well commute from San Diego or Bozeman, Montana just to see a probation officer.  Unlike felony probation, it is unlikely that you will be able to get your misdemeanor probation transferred to another jurisdiction.  Sometimes it will be a condition of probation that a person get a chemical dependency evaluation to make sure that the person is not chemically dependent or “addicted” to marijuana.  All I can say on this subject, it is it is best to ask around to find a treatment center that recognizes marijuana for what it is, and what it is not.

In Washington state, the marijuana laws are still pretty 1980’s.  Most states don’t have mandatory jail time for misdemeanor marijuana possession like we do.  This can often be pretty intimidating for an out-of-state traveler.  What do you think about our state’s drug laws?  Feel free to share you marijuana law horror story in the comment section below.  (List your name as anonymous.)

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