Charlotte Criminal Lawyer Blog
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”
The Washington State legislature is considering changes to the state’s criminal code that would dramatically alter the manner in which marijuana-related crimes are prosecuted in the state.
Under a bill sponsored by Republican State Senator Ann Rivers, most marijuana-related crimes would be reduced from felonies to misdemeanors. Voters in Washington legalized the recreational use of marijuana in a statewide referendum in 2012.
Seattle’s city attorney John Schochet said he wants the possibility of jail time for “lower-end violators” eliminated. He likened minor offenses to buying a bunch of beer at Costco and selling it out of the trunk of his car. If he sold enough marijuana in that fashion, he could be subject to a felony trafficking charge.
Attorneys like Schochet and city attorney Pete Holmes want to eliminate criminal penalties for sharing marijuana. As it stands, it is a felony to give any amount of marijuana to a friend, according to the Seattle Post-Intelligencer.
Schochet and Holmes also want to see criminal penalties lessened and removed for users who make their own “homegrown” weed. Under current law, it is illegal to grow one’s own marijuana in Washington. In other states that have legalized marijuana use, growing a small amount of marijuana for personal use is permitted. In Colorado, for instance, it is legal for individuals who are 21-years-old or older to grow as many as six plants, as long as they are kept in an “enclosed, locked space.” Alaska also allows users to grow up to six plants, while users in Oregon can grow as many as four plants and can legally possess as many as eight ounces of usable marijuana.
The new tools, which are swab-testing kits, will be used primarily during DUI checkpoints and in jails to test those who have already been arrested. The department intends to pair the devices with breathalyzers and subject drivers at checkpoints to both a breath test and mouth swab to detect the presence of drugs. The test has been designed to screen for the presence of methamphetamine, cocaine, benzodiazepine, methadone and THC, a component of marijuana.
A spokesperson for ALE said that the raid was the result of a six-month investigation conducted by various law enforcement agencies after local authorities received complaints about a range of illegal activities taking place at The Ranch, a local nightclub. Agents who participated in the raid say they discovered employees who sold illegal drugs to patrons, others that engaged in prostitution and other sexual offenses and still others who broke state alcohol control laws. 
Authorities say that the two suspects walked off with a large supply of drugs from the CVS located on Blocking Rock Road. Though they are currently on the loose, security footage from inside the store gave investigators a glimpse at their faces as well as an idea of the car the two are driving.
The SBI says that its agents are focusing on doctors, nurses and pharmacists as well as other health care workers that might be involved in diverting prescription drugs from patients who desperately need the medicine. According to authorities, painkillers are the most often stolen drugs and the central focus for ongoing law enforcement efforts.
According to authorities, three men hiked off into the woods in rural Caldwell County over the weekend. Late Monday night the local sheriff’s office received a 911 call from Sonny Hyatt, who told dispatchers he and his two friends, Thomas Imler and Eric Schmidt, were lost in the woods. Authorities tracked down Hyatt using the GPS coordinates in his cellphone and rescued the three men.
Police say they pulled over Rigoberto Gomez-Contino early Tuesday morning as part of a routine traffic stop along Highway 321 in Lincolnton. After pulling over Contino, they asked for permission to search the vehicle where they discovered a suspiciously out of place blue teddy bear in the backseat. A quick inspection of the bear uncovered three ounces of methamphetamine hiding inside the stuffed animal. Police then arrested Contino and booked him on drug charges.
Police say the recent indictments were the result of a large-scale, multi-year joint federal and state investigation that targeted those responsible for manufacturing and distributing methamphetamine in Western North Carolina. The 17 people charged in the criminal enterprise were accused of conspiring to distribute, possess, distribute and manufacture more than 500 grams of methamphetamine as well as possession of pseudoephedrine.