[WA] Can someone who used cannabis on a college campus qualify for a prosecutor’s diversion program?
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I have a question about Kittitas County in Washington state.
I understand that you have a specific concern regarding Kittitas County, and I'm here to help. What particular issue or question do you have about Kittitas County?
I know someone who was caught consuming cannabis on the CWU campus, but is being deferred through the prosecutor's office deferment program.
Is this matter related to property, legal proceedings, or another area of law?
Diversion, not deferment, and legal proceedings.
Hey there! Welcome to our service. I'm Andres, an attorney with many years of experience. No attorney-client relationship is formed from our conversation. I understand someone you know was caught consuming cannabis on the CWU campus and is being deferred through the prosecutor's office diversion program.
Based on your situation, there are several legal considerations in Washington State that could potentially apply:
Cannabis laws: cannabis is legal for adults over 21 in Washington, but it remains illegal to consume it in public places, including university campuses. This is addressed by RCW 69.50.445, which makes it unlawful to open a package of or consume marijuana in view of the general public or in a public place, treated as a civil infraction under Chapter 7.80 RCW.
Diversion programs: these programs are designed to redirect offenders from traditional criminal justice processing into a program of supervision and services. Successful completion of a diversion program can often result in the case being resolved without formal prosecution, which can be beneficial for the individual involved. Kittitas County's own prosecuting attorney's office runs an Adult Misdemeanor Pre-Charging Diversion Program for first-time offenders charged with minor offenses, which appears to be the type of program at issue here.
University policies: Central Washington University, like many institutions, likely has its own policies regarding drug use on campus. Violations of these policies can lead to disciplinary actions separate from the criminal legal proceedings.
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