Case Law Update (State v Gradt)

State v. Gradt: The Court reversed and dismissed with prejudice Mr. Gradt’s conviction to possession of 40 grams or less of marijuana, finding that Initiative 502, legalizing the possession of small amounts of marijuana by persons over 21 years of age, should be applied to marijuana possession charges pending at the time that it became effective. The Court reasoned that the general saving statute, RCW 10.01.040, has no effect on I-502, because the initiative expressed an intent to dismiss all pending prosecutions of marijuana possession. http://www.courts.wa.gov/opinions/pdf/D2%2045507-2-II%20Published%20Opinion.pdf

 

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