New law makes pot possession a felony for minors

A new Washington law that makes it a felony for anyone younger than 21 to possess any amount of marijuana has at least three minors facing stiff charges in Asotin County.

What would previously have been a misdemeanor, with a maximum sentence of 90 days in jail, is now being prosecuted as a Class C felony, with a maximum sentence of five years in prison, according to Asotin County Prosecutor Ben Nichols.

The little-known change was included as part of a lengthy bill that sponsor state Sen. Ann Rivers, R-La Center, described as an attempt to reconcile the state's existing medical marijuana system with its new recreational marijuana system. With voter approval of recreational marijuana for adults, Rivers said, came the need to emphasize that the drug is not OK for minors.

"We needed to send a message to our kids that this is an adult activity," she said.

The proposal was signed into law by Gov. Jay Inslee in July. A representative from the governor's office said Wednesday he was not familiar with the juvenile possession segment of the law change and wasn't ready to comment.

Not everyone agrees the tougher law will help kids. The American Civil Liberties Union of Washington issued a statement Wednesday criticizing the concept.

"From a policy perspective it's a bad idea to prosecute a felony charge against a juvenile for possessing a small amount of marijuana," according to an organization statement. " It will burden the young person with a permanent criminal record, which will impact their lives by making it harder to get student loans and to get a job. Juveniles with substance abuse problems need treatment, not harsh criminal punishments."

And not all prosecutors are on board with the change - or even know about it. Whitman County Prosecutor Denis Tracy said he was not familiar with the legislation, but would be looking into it. After an initial look at the law Wednesday, Garfield County Prosecutor Matt Newberg said he didn't think the language changed the penalty for minors, and was at least unclear.

"My intent at this point will be to continue to treat it as a misdemeanor unless directed otherwise," Newberg said.

As more prosecutors become familiar with the law and discuss its interpretation, he said, policy will fall into place.

"We as a group of prosecutors will try to get on the same page," Newberg said.

In Asotin County, Juvenile Court Administrator Vonda Campbell said three minors have been charged with felonies after being caught with marijuana at school, and another student could be charged soon.

Even if they are not ultimately convicted, she said, students who bring pot to school should know it is "highly probable" they will spend seven days at the Martin Hall Juvenile Detention Facility in Medical Lake, Wash., during the judicial process.

Those younger than 18 charged with misdemeanors in Asotin County are often sent to a diversion program and avoid court altogether, Campbell said. But current policy does not allow the diversion program for felony charges.

"It's as much a shock to the parents' system as it is to the kid," she said of minors charged under the new law. "The parents are just kind of blown away."

Campbell suggested parents who use marijuana, whether for medical or recreational reasons, keep close control over their supply.

Clarkston School Resource Officer John Morbeck said the new law is a "huge change" for kids and schools.

"Our main goal is just that they do not bring drugs to school, period," Morbeck said. "Hopefully this is scary enough that maybe it'll help that."

Rivers said she knows not everyone will agree with the tougher penalty for minors, but she hopes people will understand the purpose.

"We have to send a message to our kids: This will hurt you in more ways than one if you decide to participate," she said. "I'm either hailed as a hero or a terrible person for this bill."

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Stone may be contacted at mstone@lmtribune.com or at (208) 848-2244. Follow her on Twitter @MarysSchoolNews.