The Wahkiakum County Eagle - Established as The Skamokawa Eagle in 1891

Two new laws that reflect a change in values on the part of Washington voters take effect today (Thursday).

First, same gender couples will be able to obtain a marriage license, with the first weddings coming Sunday after a mandatory three-day waiting period.

Second, possession of small quantities of marijuana will be legal under state law. This change in law, officials say, leaves a lot of questions to answer.

Adults 21 years of age and older will be able to possess an ounce of marijuana in plant form, 16 ounces infused, and 72 ounces cooked in food.

Although possession is still against federal law, people may grow marijuana for medicinal use in Washington, and the state may set up a system under direction of the Liquor Control Board for the sale of marijuana.

"The voters have put the governor of the State of Washington in charge of the nation's biggest marijuana operation," Wahkiakum County Prosecuting Attorney commented Monday.

Bigelow and Sheriff Mark Howie have been studying how to implement the new law.

Under the old law possession of less than 40 grams of marijuana was a misdemeanor. One ounce is approximately 26 grams, Bigelow said, so possession of 27-40 grams remains a misdemeanor.

Bigelow said officers had filed one charge of misdemeanor possession before the law took effect; they won't pursue that case.

"Until the law is clearly written, we're not going to make any arrests for possession," Howie said. "However, just as with alcohol, people can't light up in public; smoking in public is still illegal."

Officers will also investigate and make arrests for illegal plantations, possession of large quantities of marijuana and for impaired driving under the influence of marijuana.

Marijuana will also be off limits to sheriff's department personnel.

"I've revised our policies to say that use of marijuana is prohibited while one is employed with the sheriff's department," Howie said. "It's still a federal crime to use or possess it.

"People will have to buy it from a licensed dealer," he added. "We're a dealer as a state."

The change in law will affect how the department uses its drug smelling dog, Dakota. They'll still use the dog in searches because he indicates the presence of other drugs, but if a search turns up small quantities of marijuana, officers won't make an arrest, Howie said. The dog will still be available for searches in schools, for the legal age for possession is 21 years.

When officers formerly stopped a vehicle for impaired driving, the smell of marijuana smoke from the interior would easily have led to a search and arrest. Now, Howie said, officers will have to have other signs of impairment to make an arrest.

Also, there is no set of field sobriety tests for marijuana, as there are for alcohol, so impaired driving arrests will have to be based on other evidence.

Officers will have further training in recognizing signs of drug use, Howie said.

Overall, the situation is a quagmire for officers, Howie said, for there is lots of conflict in amounts that can be possessed, who can produce it and who can sell it and how state laws conflict with federal laws.

"It will be interesting to see what the feds do," Bigelow said.

Governor Chris Gregoire visited federal officials after the election to learn how they would react but had no definite response.

"Nobody has heard anything about which way the feds are going," Bigelow said. "If they jump on hard as they can, possession of less than 40 grams would be a federal crime only, investigated by the FBI and prosecuted in federal court."