Opinion
No. 121-2.
November 6, 1970.
[1] Narcotics — Prosecutions — Applicable Statutes — Effect of Repeal — Sentence Imposed. The Uniform Narcotic Drug Act (RCW 69.33), as amended by Laws of 1969, 1st Ex. Ses., ch. 256, is inapplicable to any criminal offense involving marijuana. Any conviction under RCW 69.33 for a crime involving cannabis pending on appeal at or after the effective date of the amendment must be reversed, and the action dismissed, irrespective of the severity of the punishment imposed. [See 25 Am.Jur.2d, Drugs, Narcotics, and Poisons §§ 18, 19, 40.]
Appeal from a judgment of the Superior Court for Grays Harbor County, No. 58238, Warner Poyhonen, J., entered January 30, 1970.
Lester Stritmatter, for appellant.
L. Edward Brown, Prosecuting Attorney, for respondent.
Reversed.
Prosecution for violation of the Uniform Narcotic Drug Act. Defendant appeals from a conviction and sentence.
Lee Allen Burrows appeals from an order of the Grays Harbor County Superior Court denying him the right to appeal from a justice court judgment. The justice court found him guilty of unlawful possession and sale of a narcotic drug. Undisputed evidence showed that the substance possessed and sold by appellant was marijuana. In State v. Zornes, 78 Wn.2d 9, 456, 475 P.2d 109 (1970), it was held that the narcotic drug act (RCW 69.33) is inapplicable to any criminal offense involving marijuana.
[1] The justice court imposed a 6-month sentence for the sale of marijuana and a 30-day sentence for the possession of marijuana, the sentences to run concurrently. We hold that Zornes applies to any charge brought under the narcotic drug act involving marijuana irrespective of the sentence imposed. See State v. Williams, 78 Wn.2d 459, 475 P.2d 100 (1970).
Since the appeal is now pending, the judgment is reversed and the action dismissed.
It is so ordered.