DEA considering decriminalizing marijuana

Brian Cook, Staff Reporter

The Drug Enforcement Administration is expected to reschedule cannabis under the U.S. Food and Drug Administration’s Controlled Substance Act in the coming months.

However, rescheduling marijuana would not be as easy as many would think. Currently, marijuana is listed as a Schedule I not only federally, but also under the Revised Code of Washington 69.50.204.

RCW 69.50.204 says that for a substance to be placed as Schedule I, the substance must have a high possibility for abuse, have no accepted medical use in U.S treatments, and must lack accepted safety for use in treatments under medical supervision.

Although marijuana has been prescribed by doctors for years to help patients deal with numerous medical problems including pain and anxiety, subsection b of the article states: “The commission may place a substance in Schedule I without making the findings required by subsection a.”

Even if marijuana is rescheduled under the CSA, marijuana laws in Washington are still set by the state’s Liquor and Cannabis Board and enforced by both the board and local/state law enforcement agencies.

State marijuana allows adults 21+ in the state to consume and carry certain amounts of any product containing marijuana. These amounts are one-ounce of usable cannabis, sixteen ounces of marijuana-infused products in their solid form, and 72 ounces of marijuana infused liquids. However, these laws do prohibit the consumption of marijuana in public, which will result in a civil violation and fine.

If an adult over the age of 21 is found with more than the allowed ounce of marijuana, the violator could face criminal charges. According to norml.org, misdemeanor charges are put on those who possess between 1 ounces and 40 grams (1.41096 ounces). Those who are found to have more than 40 grams could receive a felony charges with a maximum sentence of 5 years and $10,000 in fines.

“There’s a lot of reform coming to the marijuana rules starting July 1,” said Ken Wade, administrative captain of the Ellensburg Police Department. “It incorporates some of the medical marijuana laws into the recreational marijuana laws”

Wade added that the Liquor and Cannabis Control Board are going to require permits for collective gardens and prior to July 1 there was no requirement.

RCW 69.51A.085 will allow up to 10 qualified patients to participate in a collective garden. Each patient will be allowed to grow up to fifteen plants, with an overall limit of 45 plants per garden.

For those who are interested in being part of a community grow this July, Wade said, “If your intention is to follow all the rules and guidelines provided by the state, there will be no problem at all.”

According to Wade, any marijuana that is not produced by a state licensed producer or a permitted grow by the board is considered black-market marijuana. The production and sale of black-market marijuana is still a felony in the state of Washington.

“We will continue to focus on the people who are taking advantage of the legal marijuana system for a profit,” Wade said.