Is Cannabis Actually "Legal" In Washington State Following The Passage Of Initiative 502 And, If So, For Whom?

Abstract

In 2012, Washington state passed Initiative 502 legalizing recreational adult use of cannabis, changing the legal landscape for the citizens of the state that wished to consume cannabis without fear of the legality of consuming. Yet, an individual can be convicted of misdemeanor cannabis possession in 2021, nine years later. Examining the convictions of misdemeanor cannabis possession in Pierce County between 2013-2018, reveals that a Black individual is three times as likely as a White individual to receive a conviction for misdemeanor cannabis possession. This disparity in convictions continues the negative impact on the Black community perpetrated by the War on Drugs and continues a misconception of the legalization of recreational cannabis use: that it is legal to possess. The disparity in convictions is discussed in the context of the impact of the War on Drugs on the Black community and the use of prosecutorial and officer discretion in deciding what statutes to pursue.