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Suspects accused of selling pot to middle schoolers might get off, prosecutor says

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A Ballard man faces  charges of selling pot brownies out of his home to students, as young as 12.

But prosecutors say convicting him could be a challenge if the state doesn’t change the definition of marijuana.

  Pot is now legal in Washington State. You can possess up to an ounce if you’re 21 or over. Anything over that is a crime, and you certainly can’t sell to children.

Alejandro Hernandez, 50, went before a judge on Thursday, accused of selling pot brownies out of his home to Ballard high school and middle school students.

“The concern was kids, school age children, were buying marijuana from this residence,” said Jeff Kappel, with the Seattle Police Department.

 Pot Brownies When the swat team raided the home, police found lots of brownies, along with a grow operation, 11 guns and a lot of cash.

  Hernandez faces pretty serious charges including felony drug dealing. But in our new world of legalized pot, will those charges stick?

  King County Prosecutor Dan Satterberg isn’t sure.

He spoke at a public hearing before lawmakers who are considering changing the definition of marijuana.

“Right now we can’t prove in court that the material that was grown illegally or sold illegally is in fact legally marijuana,” said Satterberg.

When voters approved I-502, which legalized marijuana, it redefined marijuana, indicating it had to

 contain .3 percent of THC, the intoxicating ingredient in pot, to be considered marijuana.

  but many plants and buds won’t reach that level unless their burned, which means all of that police  evidence could be worthless.

Critics say if the legislature changes the law, all cannabis products will be considered marijuana, and therefore, illegal.

  But prosecutors and police say if the law isn’t changed, criminals will fall through the cracks, even people suspected of selling marijuana to 12 year olds.

Alejandro Hernandez is suspected of doing just that.

And the judge ordered him held on $75,000 dollars bail.

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    This is EXACTLY why I hate our silly 'justice' system. Legal trivia takes the place of common sense.
    It's the same mindset that let's convicted child rapists out on 'probation' after a couple of years in prison, if they serve even that long.

  • Mr Holmes

    Im sure he paid it and thats all they are really concerned about. I got busted with weed a few years back 33lbs all they wanted was the money and to take away my gun. Lets see 33lbs low ball 2000 a lb 66,000 dollars. plus about 40g's cash. They got the money the weed=$$$$$ and Colt 45 and mossberg pump defender. They were nore then satisfied.