Pipe dreams & nightmares
Keith Cousins | Hagadone News Network | UPDATED 10 years, 9 months AGO
In just a few months, marijuana stores will open throughout Washington. But the impact won't be limited to North Idaho's neighbors.
Kootenai County residents will be able to take a short drive over the state line to legally purchase and consume the substance at any of a handful of stores.
Yet pot is still considered a Schedule 1 narcotic to both federal and Idaho state governments. Even though local law enforcement isn't bracing for a dramatic pot-induced crime wave, they still want the public to know what's legal, and what isn't.
"We are going to enforce the laws then like we do today and like we did yesterday," Kootenai County Sheriff Ben Wolfinger said. "People have to understand that if it's legal in Washington and they want to buy it and use it in Washington that's their business. But when it's in Idaho the law is different - period."
When Washington voters passed Initiative 502 in 2012, the state's liquor control board was left to establish parameters for the new, recreational marijuana market. These rules, which cover everything from growing marijuana to how much a person 21 and older can possess, were completed Dec. 1, 2013.
On its website, the Washington State Liquor Control Board states that the public safety element for recreational pot was at the center of its rule-making. Rules were created to prevent minors from having access to the drug and to prohibit consumption of it in public.
Brian Smith, liquor board spokesperson, told The Press that a precise definition of what is considered "driving under the influence of marijuana" was a key issue in drafting the ballot measure and was ultimately written into the initiative itself.
"From what I understand it's a low threshold (to be considered impaired due to marijuana)," Smith said.
If someone is determined to be driving erratically and pulled over by a law enforcement officer, according to Smith, a field sobriety test could be performed and from there a blood test may be taken to determine the THC levels in the individual's system. THC is the principle psychoactive component of the cannabis plant.
According to Smith, Washington will be issuing 18 retail licenses in Spokane County - including eight for Spokane and seven for Spokane Valley. The rest are considered "at-large" licenses that can be issued anywhere in the county.
"Retail stores could open as early as June," Smith said.
Smith added that although the agency discussed creating separate rules for out-of-state residents who wish to purchase legal marijuana, they ended up deciding to not differentiate between residents and non-residents.
A single transaction is defined by the board as:
"...one ounce of usable marijuana, sixteen ounces of marijuana-infused product in solid form, seven grams of marijuana-infused extract for inhalation, and seventy-two ounces of marijuana-infused product in liquid form for persons twenty-one years of age and older."
All marijuana products require labeling which will give information to users such as concentration of THC and serving suggestions. The labels will also state that "this product is unlawful outside Washington State."
According to Wolfinger, his office has no plans to closely monitor the state line for people who bring marijuana into Idaho once retail stores open.
"We are certainly going to deal with it when we find it," Wolfinger said. "But we don't have the time or the staffing to go out there and work the state line."
Teresa Baker, Idaho State Police spokesperson, echoed Wolfinger, saying the agency won't be "beefing up" its efforts to catch motorists in possession of marijuana.
"We will be continuing our normal patrol duties and continue to enforce Idaho law," Baker said. "What we do want to make sure of is that the public knows our laws haven't changed. Getting a marijuana violation can severely impact your criminal record. It can cause you problems for years."
Under state law, possession of less than three ounces of marijuana is a misdemeanor offense and violators face up to a year in jail and a maximum fine of $1,000. If law enforcement finds reason to believe there is intent to sell and distribute marijuana, such as discovering a scale or a large quantity of plastic bags, the offense becomes a felony.
Post Falls Police Chief Scot Haug said he has been asked how his agency will respond to recreational pot being available just minutes away from his jurisdiction.
"We're going to address it just like we do today," Haug said. "If we come into contact with someone in possession, we handle it."
Haug added that his department will continue to support "strong" educational efforts to deter marijuana use and that it is "hard to forecast" just how much of an impact the new stores will have.
"I really don't see it being a real problem," Haug said. "I just hope the majority of people are law-abiding citizens and won't bring it over the border."
Wolfinger said his greatest concern is about people driving while under the influence of marijuana. On Friday, he said he spoke with a man who was worried when, in Washington, he saw someone driving next to him rolling a joint.
"You can't drink a beer while driving in Idaho, so why should you be able to smoke a joint while you are?" Wolfinger said.
Law enforcement personnel have a variety of ways to determine whether or not an individual is driving under the influence. Wolfinger said that when it comes to marijuana, his office has several drug recognition experts able to determine if someone is under the influence. Field sobriety tests, similar to those used for drunk driving, can also be used alongside urinalysis.
"If it impairs your ability to drive a vehicle, you are still under the influence," Wolfinger said. "Nobody wants to get hit by a drunk. I don't care if they are drunk on alcohol or on drugs or whatever, it's an issue."
Wolfinger said law enforcement agencies will be watching other states that border Washington and Colorado to see how they react to recreational marijuana.
"Wyoming comes to mind because they have more of an interstate and metropolitan areas that come close to the border (with Colorado)," Wolfinger said. "A friend of mine is a sheriff in Wyoming and I know that's going to be one of the topics we discuss when I see him next week."