Editorial: New pot law is too murky in dealing with minors

Did the Legislature amend state marijuana laws to make possession for minors punishable with a five-year prison sentence?

That would be news to most people who followed Senate Bill 5052, which sought to reconcile regulations governing medical marijuana and recreational marijuana.

The debate in Olympia was about establishing a database of patients and how much pot each patient could possess. News accounts don’t mention lawmakers passing a harsh new felony possession charge aimed at minors.

Nevertheless, Asotin County Prosecutor Ben Nichols initially charged three teens with felonies that could’ve led to as many as five years behind bars and $10,000 fines, according to the Lewiston Tribune. Nichols told the newspaper that he was compelled to do so under SB 5052.

Would the Legislature really increase the penalty that much? It’s now a maximum of 90 days in jail and a $1,000 fine.

Rep. Ann Rivers, R-La Center, who was the chief sponsor of the bill, said the harsher penalty was needed to send a message that underage use was a serious offense, according to the Tribune. She later told Reason magazine that turning teens into felons was not the goal.

The governor’s office has also said that wasn’t the intent.

Nichols consulted with the Washington Association of Prosecuting Attorneys and then downgraded the charges to misdemeanors. He later told U.S. News that he favors treating marijuana offenses like alcohol offenses. That currently is not the case, with underage drinking drawing a fine of up to $500 and up to 60 days jail.

Though this episode is over, the law remains murky.

“The best interpretation is that simple possession of under 40 grams of marijuana continues to be a misdemeanor,” Tom McBride, the executive secretary of WAPA, told Reason. “That doesn’t change the fact that I think it’s very confusing.”

The state attorney general’s office has been asked to determine whether the penalty remains a misdemeanor. If not, the Legislature must restore the saner punishment.

Cooler heads have prevailed in this case, which drew national attention. A new law cracking down on marijuana possession would’ve run counter to the more sensible developments in criminal justice. Diversion programs and drug treatment have become the preferred alternative to tossing nonviolent offenders in jail.

Felony convictions block access to those programs. Felony convictions follow people for the rest of their lives.

Poor judgment in the teen years shouldn’t foreclose opportunities for a lifetime. This is particularly true when getting caught with alcohol brings a comparative slap on the wrist.

However this turns out, we trust that Washington’s leaders won’t reverse course and resume the failed “war on drugs.” That would be far greater crime.