No, You Still Can't Grow Marijuana In Washington

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Nov 30

Lewis & Laws

No, You Still Can't Grow Marijuana In Washington

by Lewis & Laws

Marijuana legalization in Washington has made it possible for thousands of business owners to open up shop, either as recreational cannabis store owners, or as farmers and growers.

However, even with the changing laws, Washington remains a state where the average green-thumb can't simply plant a few seeds and start their own operation—and doing so could land you in prison.

Cannabis Growing Rules Vary from State to State

Unlike Oregon, Alaska, and Colorado, which all permit any resident over the age of 21 to plant their own pot crop for personal use, but not sale, (this is called a "grow-your-own" state), Washington State is more restrictive. Under I-502, the law which legalized the possession and sale of recreational marijuana, only growers with licenses may actually grow the plant.

"The law creates three separate tiers: marijuana producer, marijuana processor, and marijuana retailer," according to the Washington State Liquor Control Board—and no person may possess all three under the law.

Which means that even if you're legally permitted to process or sell marijuana, you still can't grow it without the proper permitting—and growing it without one is a felony.

What It Takes To Get A Permit to Grow Marijuana

To grow cannabis in Washington, you must intend to do so commercially; there's no permit to grow solely for personal consumption, unless it's for a proven medical reason.

Barring a medical ailment that could be treated with marijuana of your own cultivation, the most legal way to proceed is to attain a permit. To qualify for a permit, a potential grower must apply for the permit, pay an application fee, and pay an additional annual renewal fee. They may also be subject to a background check at the time of application, or at any time while carrying a permit.

They're also required to demonstrate to the Liquor Control Board that their property meets legal conditions, including enclosure or a barrier that blocks public view (outdoor, visible growing is prohibited).

Marijuana Growing Laws May Be Subject to Change

I-502 was written to be intentionally conservative; voters were more likely to legalize marijuana if they knew the sale and cultivation would be restricted, and pot activists always intended to broaden the laws later on.

This year, lawmakers in Olympia debated whether or not to allow Washington residents to grow their own marijuana.

And though it's still not legal yet, it's definitely possible that a little bud grown right in your own garden could be perfectly legal in the near future.

If You Have Been Arrested for Drug Charges in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!



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