What happens when legal weed is 8 miles away
Story by Amber Emery
Photography by Jesse Hart and Philip Vukelich
It seems like everyone’s doing it. Celebrities, politicians, teachers, friends, siblings, parents — more and more people are admitting to past and present marijuana use.
The societal shift toward marijuana acceptance in the U.S. is relatively new. Congress passed the Marijuana Tax Act 76 years ago, effectively criminalizing marijuana until the mid-1990s when a few states passed medical marijuana legislation.
Fast-forward to today — two states, Colorado and Washington, completely legalized the recreational use of marijuana. According to the Marijuana Policy Project, Initiative 502 sought to end marijuana prohibition in Washington and was passed Nov. 6, 2012 with nearly 56 percent of the vote.
With Pullman, Wash., only 8 miles from Moscow and the University of Idaho, Lieutenant Dave Lehmitz of the Moscow Police Department said his understanding of the law across the border is fairly simple.
“If you are 21 years of age, you can possess up to 1 ounce of marijuana legally in the state of Washington,” Lehmitz said. “There’s also going to be growing operations, there’s going to be processing operations and there’s going to be dispensary operations that will go into effect in the near future.”
The new law may create issues for UI students who witness the historic drug policy implemented in Pullman and at Washington State University, UI Associate Dean of Students Craig Chatriand said.
“One thing I have heard Dean Pitman say from time to time is that we share an ecosystem,” Chatriand said. “Our students mingle with their students, their students come over here and mingle with our students, so that’s going to be an issue if their students have legal access to marijuana and our students don’t.”
In fact, while about 70percent of surveyed UI students said Washington’s legalization didn’t matter to them, nearly 30 percent said they were more likely to smoke marijuana when the drug can be legally purchased from dispensaries in Pullman.
Lehmitz said UI students charged with marijuana possession are not referred to university officials. He said that policy could change if there is an expansion of jurisdiction in the student code of conduct, a measure recently proposed by the Dean of Students Office that has yet to be added.
“Right now it’s only for students on campus because the student code of conduct only has jurisdiction on campus,” Lehmitz said. “They’re in the process of trying to change that. If changed, it would change what we report to the Dean of Students Office because let’s say — if we find a grow in an apartment complex and there are UI students living there, those students would be reported and held in violation of the student code of conduct.”
Chatriand said even if the jurisdiction expands to include off-campus behavior, he doesn’t think Washington’s marijuana legalization will affect UI students too much.
“If the student code of conduct jurisdiction expands, we’re not going to be going out and looking for violations. It’s not like we’re going to be out on the border asking people what they’ve been doing,” Chatriand said. “First thing, if it was going to be an issue at UI we would have to hear about it somehow, and if it’s legal in Pullman I don’t see how we would find out about it.”
As far as transporting the drug across the Idaho-Washington border goes, it is illegal in both states and on a federal level, Pullman Police Department Commander Chris Tennant said.
“It’s a concern — people buying it here and taking it over — but I don’t think it’s going to be that big of an actual issue,” Tennant said. “Those people who want to partake and use marijuana are already doing it. In Idaho, they’re already buying it illegally and they’re already using it illegally. There’s already a market in Idaho, I just don’t see how people will be willing to travel over here, pay the taxes associated with it and run the risk of taking it back to Idaho when they already have a supply there.”
Lehmitz said although marijuana is legal in Washington, if it is taken across the border to Idaho by UI students — or anyone — it is a misdemeanor crime. He said he anticipates a slight increase in marijuana-related charges in Moscow when dispensaries open in the coming months.
“I think what we’re going to see is a rise of possession in the beginning but then it’s going to go back to pretty much the way it was, or the way it is now,” Lehmitz said. “I think we’re going to see a little bit of influx with possession cases and people saying they bought it legally.”
In Pullman, Tennant said, the law has worked in favor of marijuana users and drug crimes are at a historic low. He said marijuana smoke is no longer probable cause for an arrest or search warrant, which has yielded a decrease in drug-related arrests.
“There’s been kind of a domino effect,” he said. “When marijuana was still illegal, we would go to a noise complaint at a private residence and people were smoking dope, obviously you smell that from a block away at a party scene. So we would go in and shut down the party and find marijuana. But we also find Adderall, party drugs, there might be a grow in the basement.”
But after I-502 passed, police who answer a noise complaint and smell marijuana have no basis to get a search warrant because there’s not necessarily illegal activity.
“Therefore, we don’t go in, we don’t get the Adderall, we don’t get the heroin, we don’t get the grow. So really our enforcement of drugs in the city has decreased dramatically,” Tennant said.
Individuals who drive under the influence of marijuana will be subject to arrest in Washington and Idaho pending the results of a blood test taken after the initial traffic stop — the charge will be classified as a DUI if the test shows the driver is under the influence.
“Generally speaking, the active portion in marijuana that makes you intoxicated has a similar shelf life as alcohol,” Tennant said. “So yes, the drug tests you take for a job or athletic team will show any use in the last two weeks — that’s not the same kind of test that would be used for a DUI.”
Tennant also said marijuana use is prohibited in places with public access, and people who use marijuana in public will be subject to fines and citations. He said he sees this being a problem for out-of-state purchasers, such as UI students.
“If you’re a UI student and you come over here to buy it, you have to give some thought to where you’re going to smoke it,” Tennant said. “It’s illegal to take it home — if you don’t have friends or family, or a private residence or a private spot to go to and smoking in public is illegal, where are you going to go? It’s not a free-for-all.”
Chatriand and Lehmitz said the most important precaution students can make in light of the policy change is taking steps to be safe.
“Reduce the risks associated with marijuana use,” Chatriand said. “Make sure you have somebody to drive you. Make sure there’s going to be people who will be able to watch out for the safety of others.”
Tennant said Washington students should enjoy their new freedom but pay close attention to changing laws.
“Be an informed user,” Tennant said. “If it is your intent to use marijuana, just know what the laws are — take a little time, it doesn’t take a lot to research it on the Internet or ask your local law enforcement — and be safe about it.”