According to The Seattle Times, as of November 2, 2008, a 60 day supply of medical marijuana will be considered 24 ounces of usable marijuana plus 15 plants. In 1998, Washington voters approved Initiative 692 legalizing a 60 day supply of marijuana for medicinal purposes. According to RCW 69.51A.010, qualifying patients for medical marijuana use must be at least 18 years of age, a Washington resident, have been diagnosed by a physician as having a terminal or debilitating medical condition, advised by that physician regarding the risks and benefits of using medical marijuana, and advised by that physician that he or she may benefit from the use of medical marijuana. However, the 60 day supply authorized by Initiative 692 was not made clear and has been a source of confusion for law enforcement and patients ever since.
Smell of marijuana in general area is insufficient for probable cause to arrest
State v. Grande, Washington Supreme Court, filed July 17, 2008.
Mr. Grande was a passenger in a vehicle stopped for having very dark tinted windows. When the officer pulled the vehicle over, he detected the moderate smell of marijuana coming from the car. He arrested both the driver and Mr. Grande, the passenger. He handcuffed and searched them. He found a marijuana pipe that contained a small amount of marijuana on Mr. Grande. In the car, the officer found a burnt marijuana cigarette in the ashtray. The driver claimed the cigarette as her own. Both the driver and Mr. Grande were arrested and charged with possession of marijuana. Mr. Grande was also charged with possession of drug paraphernalia.
