Wenatchee: Don’t expect to get your pot back if arrested

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Wenatchee: Don’t expect to get your pot back if arrested

Monday, February 18, 2013

WENATCHEE — Don’t expect to get your pot back if you hand it over to a Wenatchee Police officer for safekeeping.

Small amounts of marijuana may now be legal to possess with passage of Initiative 502 last fall. But delivery of the drug is still a felony under current state law and federal Controlled Substance Act.

“We don’t have any legal right to deliver marijuana, so we can’t give it back,” Wenatchee Police Captain Doug Jones told City Council members Thursday. “We won’t take it for safekeeping. If we come into possession, we’ll destroy it.”

As an example, an arrested shoplifter taken to jail for booking may possess a legal amount of marijuana, but is not allowed to take it into the jail. The defendant might turn the pot over to the officer for safekeeping and expect to get it back when he is released from jail with his other possessions.

But that’s not going to happen.

The council unanimously approved a resolution to make changes to the police department’s policy manual Thursday to destroy any marijuana handed over to an officer or clerk to avoid conflict with the law.

Small amounts of marijuana that comes into the department’s possession will be flushed, Jones said. All marijuana destruction would be done in the presence of second officer under the policy change, he said.

The policy draws a clear distinction between marijuana seized as evidence and marijuana not associated with a crime that is typically taken for safekeeping. Marijuana taken as evidence could be returned under certain conditions if ordered by a prosecutor, Jones said.

Rick Steigmeyer: 664-7151

steigmeyer@wenatcheeworld.com

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pstring 3 months ago

If it is legal and is a legal amount, why wouldn't they just give it back?

What about my medication for my blood pressure? The police do not have the right to deliver (dispense) it.

How about my iPod that is full of pirated music? Under the same rational, wouldn't they be delivering stolen goods?

Norm 3 months ago

"Marijuana taken as evidence could be returned under certain conditions if ordered by a prosecutor, Jones said"

And how is that not "delivery"?

I suppose this is good news for lawyers - an easy victory - and bad news for the city, which will find itself on the losing end of a lawsuit.

LokelYokel 3 months ago

WPD and the council are the ones smoking the good stuff if they expect me to buy into their conspiracy theory that the feds are going to come knocking on their door if they give some guy back his stash.

lonedog3 3 months ago

the city seems to be really great at building and spreading the conspiracy theories with the full aide of the local press. Remember all the news stories of the "hordes of lawyers that would descend upon the region if we taxpayers didn't give the city more in sales tax? Why would the even confiscate something that is legal to own and possess?

Norm 3 months ago

"Why would the even confiscate something that is legal to own and possess?"

Because they, like the prosecutor who tried to prosecute the gentleman in the newspaper a few weeks ago, are using the police powers of the state that they have been entrusted with to enforce their own opinions, not the law. And they, like that prosecutor, will fail.

lonedog3 3 months ago

Yes Norm, unfortunately you are very correct with the abuse of police powers in this state.

iansfolks 3 months ago

It's time for the Wenatchee electeds to pull their heads out of their collective derriers! If it's legal to possess and own, then by my reasoning, it is not within the City Councils right to pass an ordinance that destroys a persons private property! This doesn't apply just to marijuana. The city council has NO right to approve this resolution, or any other that tampers with what is within a persons legal right to possess or own!BTW, the police are not delivering an individuals personal property to them, they are only returning it to the rightful owner. This is just twisted!!!

JimboBear 3 months ago

I gave this a day to sink in before commenting because I couldn't believe the words I was reading, but I just have to say something here. Captain Doug Jones, the Wenatchee Police Dept. and Wenatchee City council . . . you really do have your collective heads in a very dark place. If a given amount of ANY Item is legal to possess and you take it away from someone, you are taking their personal property from them. If you do so because the item is not allowed in your holding facility, then you must return it. If I were legally carrying a knife when you booked me, would you destroy that too? If I were wearing a belt would you destroy that? What about my shoe laces? My jacket? My shoes? My wallet and currency? My I.D.? Folks, these things are ALL my personal property and I will expect to have them returned when I am released, or you may expect a law suit to be filed as soon after my release as I can get to my attorney's office.

You guys can take it upon yourselves to create a police state here in Wenatchee if you so choose, but if you have the common sense that God gave a billy goat, you must know that the citizenry is going to come looking for you with the tar and feathers. How much do you think the City should end up spending to defend itself against your actions before you are out on your collective bums? Care to wager that the total wouldn't pay my phone bill if the people of the City of Wenatchee have anything to say about it? I may be just a peon, but you can rest assured that if you ever confiscate anything that is rightfully and legally mine, you will end up regretting waking up that morning. I am basically against the idea of legal marijuana, but I am wholeheartedly against illegal search and seizure! Matter of fact, I believe I have Constitutional protection against that very thing. Just remember that you took an oath to "serve and protect". It said nothing about search and pilfer..

Norm 3 months ago

"Melvin McDonald, a Mormon Republican who previously served as U.S. Attorney (appointed by Pres. Reagan) for the District of Arizona, describes himself as a "leader in the drug wars in the 1980's." He served on an advisory board that set national drug policy. He also supports medical marijuana. ... there are genuine people that need this, and people that take efforts to block it to people that are sick is just wrong," McDonald told HuffPost Live on Tuesday. "I've come full-circle, from being on the crime-fighting end to seeing it within my own home, having my wife have to go and obtain marijuana illegally to get to her to keep him alive.""

http://www.huffingtonpost.com/2013/02/19/mel-mcdonald-medical-marijuana_n_2719093.html