Our King County Sheriff is outspoken in his support for legalization.

The sky has not fallen because we have legalized marijuana in Washington. Is it going to work long-term? I don’t know; we’ll have to wait and see. But clearly, what we were doing before—the War on Drugs—did not work, so it was time to try something new. The citizens suggested legalizing marijuana—and I support it.”

It’s a reasonable-enough statement, but somewhat surprising in that it comes from our own King County Sheriff, John Urquhart. “I still think it was a good decision for the citizens of Washington,” Urquhart told me in an interview last week. “The initiative [I-502] passed statewide with 56 percent supporting it, and 63 percent in King County, so that’s clearly what the citizens wanted.”

Urquhart’s outspoken support of legalization isn’t being taken all that well by some members of law enforcement. Urquhart did a TV ad last year on behalf of the (successful) Oregon Measure 91, and members of the Oregon State Sheriff’s Association took him to task. “How dare he use his position as a sheriff to spoon-feed Oregonians blatantly false information about Washington state,” said Clatsop County Sheriff Tom Bergin, “right before an Oregon election.”

Jefferson County Sheriff Jim Adkins not only didn’t like Urquhart’s ad, he went NIMBY gun-slinger with a zinger. “You don’t see any Oregon sheriffs going up to Washington to weigh in,” Adkins blasted in a statement. “He needs to get his nose out of our state and show some respect. The issues we face are different.” Like neck beards and living on a swamp-river, I presume.

Members of the Oregon Sheriffs Association claimed Urquhart’s statements were misleading, citing state patrol reports that showed stoned driving arrests had increased. In the ad, Urquhart rightly claims tax revenue is up, wasteful arrests have been eliminated, and DUIs in our state are down, implying that legal weed may have something to do with all these results.

While it’s true DUIs are down overall (DUIs have dropped 25 percent since 2009), arrests involving pot and driving are up. The most current stats from the Washington State Patrol show that cannabis-related DUIs since December 2012 (when we legalized it, man) have gone up, from 988 in 2011 to 1,362 in 2013. A Washington Traffic Safety commission report last week showed the frequency of drivers in fatal crashes who tested positive with THC in their systems (alone, or in combo with booze or other drugs) was highest in 2014 (75) as compared to the previous four-year average (36).

“There have been more arrests for driving with marijuana in their system,” Urquhart admitted, “but, overall, fatality crashes have not gone up. There haven’t been any studies in Washington where there’s a direct causation from legalizing marijuana [to road fatalities]. There might be a correlation, but we’ll need more research on that.”

And the reason for more stoned drivers? “Well, for one, we’re looking for stoned drivers. Because of all the publicity around it. And now we have a per se standard. So we’re watching for that—and obviously there will be more arrests. As they test more blood—they’re gonna find more people with THC. The question then will be, how long has it been in their system? Did it affect their ability to drive? And what other drugs might be in their system?—including alcohol.”

But surely, since ganja has gone legal, officers in the field have constantly had to tackle out-of-control stoners at sex-crazed parties, right?

“No. Not at all. From what I’m hearing from my deputies, it’s a big yawner. No change for them whatsoever. What I have told them, if people are smoking marijuana in public, use your discretion like you would with drinking in public, or like speeding. Don’t be afraid to write a citation. So they’re doing that. But I haven’t heard any pushback.”

I asked the Sheriff if it was strange to be a voice for legalization. “To be honest, it’s very, very weird. I have been a cop for 40 years, I spent a good amount of that time doing drug investigations, and was a street-level narcotics investigator. And now, in some quarters, I’m the face of all this. Most police chiefs and sheriffs don’t want to speak out on this, regardless of their what their personal feelings are. And of course, the police chief has to kowtow to who the mayor is. A sheriff has more freedom. I just don’t care, to tell you the truth.” (FYI, the Washington State Sheriffs’ Association wrote a letter to the Oregon sheriffs during the campaign, clearly stating that Urquhart’s views were not endorsed by the organization.)

Urquhart isn’t a Lone Ranger (Lone Reefer?) on legalization. Founded in 2002, LEAP (Law Enforcement Against Prohibition) is a group of over 5,000 current and retired cops, judges, and prosecutors committed to ending decades of failed drug policies. Like Urquhart, they don’t like the trillion dollars spent on the failed War on Drugs or the $80 billion spent on incarceration in the U.S. each year—which could instead go to rehabilitation, job training, and education.

At a press conference last month, executive director Major Neill Franklin explained LEAP’s position: “As our nation’s top police and prosecutors reflect back on their careers, we have come to understand that many of the so-called tough-on-crime principles to which many of us gave our lives are flat-out wrong,” said Franklin. “We can reduce crime and incarceration at the same time, but to do that we need alternatives to arrest, balance in our laws, and continued improvement in community relations.”

Every 45 seconds a person gets busted for marijuana. This adds up to more than 700,000 pot-related arrests in 2014 alone. Of 1,561,231 total drug arrests last year, weed made up 45 percent of ’em. Of the 1,700 daily cannabis busts, 88.4 percent were solely for possession. Still, Urquhart understands that not all law enforcement will agree with his stand on legalization, and he’s fine with that—so long as they have ideas of their own on failed policy.

“The only thing that gets me pissed off is when police chiefs criticize the decision that the citizens of Washington made, for legalizing marijuana, but offer no alternative to that. They all know the War on Drugs doesn’t work. What are we going to do differently? Marijuana is one small step. Let’s see if it works. It’s a grand social experiment. And it appears to be taking hold.”

The judicial branch weighs in on employee marijuana rights, drug doggies, and more.

Sooner or later, everything winds up in court. You spilled a scalding cup of java on your nads at the McDonald’s drive-through; the insurance company refuses to pay for “water damage”; you’re tired of arsenic in the drinking water; ya feel like suing Costco . . . just because. And now that cannabis is entering the mainstream, it’s time to lawyer up, in this week’s legal round-up.

Legal Weed, But Not if You Have a Job
Colorado’s Supreme Court ruled last week that, regardless of the state’s legalization of marijuana, an employer can fire a worker who uses cannabis, even for medical reasons. The case couldn’t have had a more sympathetic poster boy: Brandon Coats, a 34-year-old quadriplegic, was a model employee, but was fired by Dish Network in 2010 after failing a random company drug test. (As if we needed another reason to hate television service providers.) Medical pot has been legal in Colorado since 2000, and Coats had a doctor’s authorization. He never smoked weed at work—nor was he ever under the influence during the day; he used cannabis in the evenings to help with sleep, muscle spasms, and stiffness. Even Dish doesn’t dispute this assertion. Nevertheless, a failed drug test won’t fly in the Zero Tolerance zone, and so, even though his home use was legal and off-duty, the company used their drug policy to terminate Coats.

While both medical and recreational marijuana are legal in Colorado, the court agreed unanimously (6-0) with the satellite television company, stating that laws that protect employees from being fired for “lawful activities” hold water only when those activities are legal under bothstate and federal law. Dish officials said they were as pleased as (non-alcoholic) punch with the decision: “As a national employer, Dish remains committed to a drug-free workplace and compliance with federal law.” Obviously, this ruling may waft over to Washington, which, like Colorado, has legalized recreational cannabis and is one of the 23 medical-MJ states. There’s only one solution to all this nonsense: Legalize cannabis at the federal level.

Good Doggy!
Earlier this month, the U.S. Supreme Court ruled that it is unconstitutional for the police to hold suspects at traffic stops without probable cause. That’s good news for folks with trunkloads full of contraband; cops can’t keep you waiting until the drug-sniffing dogs show up. (In Washington, of course, you’re allowed to drive around with up to an ounce of weed in your vehicle, though it’s probably not a great idea.) In the 6-3 decision, the justices ruled that holding a vehicle for even a few minutes violates the Constitution’s unreasonable-seizure shield. Everyone’s favorite justice, Ruth Bader Ginsburg, wrote in her opinion: “Police may not prolong detention of a car and driver beyond the time reasonably required to address the traffic violation.”

As noted in my cover story (“Fear & Loathing in Legal Territory,” Feb. 4, 2015), drug-sniffing canines here in Washington are being retrained for other tasks, as the smell of ganja is no longer a reason for suspicion.

Blazing on the Front Porch
While I am not a lawyer by training, I have seen several episodes of Boston Legal (big fan of Bill Shatner’s over-the-top performances), and thus can conjecture. That may not be the correct term. Point is, I can extrapolate. So when I read about the Iowa Supreme Court affirming the right of a gal to be shitfaced drunk on her own porch, I’m seeing a green light for cannabis. In 2013, Patience Paye called the cops on her boyfriend. When officers showed up to investigate for domestic violence, they determined she was the aggressor, asked if she’d been drinking (she had indeed, with over three times the legal limit in her blood), and charged her with public intoxication. Paye’s lawyers appealed her conviction, making a case that her front steps weren’t public at all, and that she should never have been arrested. Patience was patient, and the Supreme Court saw her point, ruling last week that the porch of a private home isn’t considered public, so long as the resident hasn’t invited the general public to be there. It just follows, then, that if ya don’t invite the masses to smoke a fatty on your stoop, ya can’t be charged with public stonification. That’s just logical, man.

Canna-Bar
To make sure that these legal lawsuits and challenges continue to advance the cause, we now have the National Cannabis Bar Association! The goal of the newly formed NCBA is to provide attorneys who are specializing in cannabis a place to get stoned and talk shop. Well, that, and to provide a networking platform to share ideas and strategies for a rapidly changing industry and complex political landscape.

“Attorneys have long been at the forefront of the fight for cannabis legalization,” said executive director Shabnam Malek. “Now that 23 states and Washington, D.C., have some form of legalized cannabis, there is a clear need for an organization focused on the business aspects of law and cannabis.”

The NCBA board comprises legal eagles from six states (including Seattle attorney Mitzi Vaughn of Greenbridge Corporate Counsel). The organization is open not only to practicing attorneys, but to paralegals, law students, and retired lawyers who just want to get their hands on some of the legal chronic. On the advice of legal counsel, we withdraw that last statement.

News that’s stranger than fiction.

“When the going gets weird, the weird turn pro.” That’s a Hunter S. Thompson quote, and absolutely applies to the latest news related to marijuana and its legalization. Much of it is so weird, in fact, ya just can’t make this shit up.

BIGFOOT HUNTERS FIND WEED
A group of Bigfoot hunters (seriously) were in search of their nonexistent furry friend in a Wildlife Management Area in Texas last month when they came across a giant crop of weeds in the woods. The hidden garden, northeast of Dallas, had almost 6,500 mature plants, worth around $6.5 million, on an acre of land. Turns out the Delta County Sheriff’s department had been scoping the ganja farm to bust the guerrilla growers, but when the Bigfoot team accidentally stumbled onto the scene, they ruined the police operation-in-progress. (Probably the same reason these buffoons haven’t nabbed Yeti yet.) Had the coppers been able to bust the black-market growers—who had set up generators, camouflaging tents, and watering systems—they would have faced felony charges with fines of up to $50,000 and 99 years in the slammer. Who knew Bigfoot has such a big green thumb!

It is possible, of course, that Bigfoot himself (herself?) was the giant sharecropper; after all, if the legend is true, there’s no creature on Earth quite so stealthy. Now that I think of it, someone should come up with Bigfoot Bud (Gigantopithecus OG ?): The stuff’s so powerful, it will make you disappear . . .

GAS AND GRASS
Hell, if Costco and Safeway can pair shopping with gas stations, why not a weed shop? This month a Colorado chain of pot stores, Native Roots, is trying out a new business model, opening a dispensary next to a gas station. The two are side by side with a separate entrance for the dispensary, which must follow all the rules and restrictions for cannabis businesses (21 and over, etc.). “It’s really just kind of pairing the convenience in one specific stop,” noted company spokesperson Tia Mattson.

Gas & Grass hopes eventually to have several locations, with a uniform look and common merchandise—kind of like a Quik Mart, but instead of 5-year-old hot dogs, hunting caps, and fingerless gloves, it will be stocked with prime dank. Of course, given the onset of the munchies, Gas & Grass outlets will be fully stocked with stoned supplies such as Doritos, lighters, Gatorade, BlowPops, and donuts galore. “I believe we’ll have lottery tickets, beverages, cigarettes, and similar things that you would pick up in a convenience store,” Mattson said. One thing that will not be allowed: gassing up while firing up. (Ka-boom!)

DO THE POT-ALLUP
Last month the District of Columbia State Fair hosted the country’s first official Cannabis Competition at a fairgrounds. Showcased alongside blue-ribbon home brews, knitted sweaters, and longest vegetables was priceless pot! The display was sponsored by a group called Let’sGrowDC, which runs a retail garden-supply store and educational center for urban gardens.

The Best Bud contest was taken quite seriously by the panel of judges, who rated the pot on the growing process, aroma, snap of the stem, stickiness (I’m not kidding), and appearance. If you’re wondering why it wasn’t judged on potency, that may have had to do with the setting (family-friendly with kids and all) and the fact that 64 different strains were submitted. The winner? “Capital Chronic OG” from green thumb Kenneth Gore, who took home a blue ribbon (shoulda been green) and a $50 certificate to Mellow Mushroom pizza parlor.

The real reason it was so important for the DC State Fair to encourage cannabis agriculture had less to do with boasting rights for the prizewinners and more to do with logistics. Though marijuana was legalized in D.C. in February (with over 70 percent support), no recreational stores or sales of any kind are allowed; residents are allowed, however, to grow their own or “gift” weed to one another. And because it’s illegal to transport cannabis across state lines, any and all marijuana consumed in D.C. must be grown there. Any tips from green-ribbon ganja farmers, therefore, were greatly appreciated by the greensmen in attendance. Given the number of entrants, a gardening boom for bud has clearly taken place in our nation’s capital. After the fair, Let’sGrowDC gave out more than 30 clippings that attendees could use to grow prizewinning plants of their own. Now that’s what I call a shared economy!

MARIJUANA ARRESTS UP NATIONALLY
Finally, in the craziest news item of all, new stats on marijuana arrests in 2014 were released last week by the FBI. Given the ever-growing support for legalization not only in the four legal states but across the land, you’d expect a huge reduction in pot arrests nationwide, right? Sadly, in 2014, more than 640,000 Americans were arrested for cannabis-related offenses. That breaks down to 1,700 people per day, meaning that someone in the U.S. is arrested for marijuana use or possession every 42 seconds.

Thankfully, here in Washington, arrests have dropped dramatically—which is fab until you look at nationwide numbers and see that, as a percentage of total arrests, the number of marijuana busts is going up, not down; more than one in 20 arrests overall are for the possession of ganja—a stat putting it near the all-time high. It would be one thing if cops had nothing better to do, but as thousands of officers take themselves off the streets each day to detain and book men and women for pot possession, serious crimes are back-burnered. According to the FBI’s own stats, over half the country’s violent crimes in 2014—such as murder, assault, and rape—are not being solved. So, big picture: As far as legalization goes, we’ve got a long, long way to go.