Is medical marijuana use actually legal in Wa.?

[jamessr]

This is my take on rcw 69.51A et.seq.

The court in state v. fry clarified a lot of legal issues we all needed to know, like the presentment requirement is "only triggered when charged", not when encroached by any leo as written in the statute.

Also the court clarified that it is not the presentment requirement which negates probable cause...and they are 100% correct...this is what negates probable cause in the act: (1) The lawful possession or manufacture of medical marijuana as authorized by this chapter...the entire chapter negates any probable cause because it clearly states in plain language this is so...lawful possession and manufacturing

The fry court reminded us that if you don't meet all the prerequisite requirements, marijuana is still illegal under the csa...no matter how small of an amount.

(1) If a law enforcement officer determines that marijuana is being possessed lawfully under the medical marijuana law( it appears this portion here is inconstant with the language of the entire chapter according to the court under McBride).

It is very apparent our courts are using form over substance...

jamessr Reviewed by jamessr on 06-28-2010. Is medical marijuana use actually legal in Wa.? This is my take on rcw 69.51A et.seq. The court in state v. fry clarified a lot of legal issues we all needed to know, like the presentment requirement is "only triggered when charged", not when encroached by any leo as written in the statute. Also the court clarified that it is not the presentment requirement which negates probable cause...and they are 100% correct...this is what negates probable cause in the act: (1) The lawful possession or manufacture of medical marijuana as Rating: 5

[killerweed420]

I think one thing people are missing is that politics play a lot bigger role in law enforcement than they realize. The prosecutor and judge have a lot of discretion as to how they want to proceed in a criminal matter and if its politically expedient to charge the shit out of someone they'll do it no matter whats in the law books. And so the burden of proof falls on the inocent to prove there innocence. Which as anyone knows who has been involved in the process that it costs lots of money.
Thats one of my big problems with the law as it now sets is that the burden of proof is not up to the defense not the prosecution.

[gypski]

I think one thing people are missing is that politics play a lot bigger role in law enforcement than they realize. The prosecutor and judge have a lot of discretion as to how they want to proceed in a criminal matter and if its politically expedient to charge the shit out of someone they'll do it no matter whats in the law books. And so the burden of proof falls on the inocent to prove there innocence. Which as anyone knows who has been involved in the process that it costs lots of money.
Thats one of my big problems with the law as it now sets is that the burden of proof is not up to the defense not the prosecution.

Its as political as the day is long. All of these judicial people, or most are active in party politics. They talk stuff over at the country club, and other places they gather. If any group had the means to subject the people to legal hoops and mazes its these guys. And, as far as cannabis it gives them a platform to make money. Its far passed time they started chasing another ambulance or siren call. :thumbsup:

[Washedout]

Its as political as the day is long. All of these judicial people, or most are active in party politics. They talk stuff over at the country club, and other places they gather. If any group had the means to subject the people to legal hoops and mazes its these guys. And, as far as cannabis it gives them a platform to make money. Its far passed time they started chasing another ambulance or siren call. :thumbsup:

I approve this post.:thumbsup:

[killerweed420]

We're from the government, we're here to help.

[gypski]

We're from the government, we're here to help.

:S2: Help relieve you of your money, property, rights, dignity and any other thing we want to help ourselves to.