Legal Question in Criminal Law in Washington

Posession of marijuana

My husband was pulled over for no seat belt on 6/1/07 and because of he was acting nervous the cop searched his vehicle and found less than 40 grams of marijuana and empty baggies in the car, he did arrest him, but then let him go and wrote him a no seat belt ticket. Now we live in Washington and he just received the papers stating he is being charged with the possession. I have been looking because we thought they only had 120 days to file charges in the matter as he was never arrested but only detained then released and never booked or arraigned. What is the statute of limitations for filing charges for marijuana possesion less than 40 grams?


Asked on 11/19/07, 3:43 pm

2 Answers from Attorneys
Paul Ferris Law Office of Paul T. Ferris

Re: Posession of marijuana

The statute of limitations on possession of marijuana - less than 40 grams is one year.

Acting nervous, absent other factors, is not typically enough to warrant a search of the vehicle. Your husband should consult a criminal defense attorney to review the case.

Read more
Answered on 11/19/07, 3:51 pm
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Posession of marijuana

The 120 limit applies only if he was cited at the time. Searching because someone acted nervous is not lawful. This should be challenged and the evidence suppressed--resulting in the dismissal of your husband's charge.

At your service,

Read more
Answered on 11/20/07, 11:38 am


Related Questions & Answers

More Criminal Law questions and answers in Washington