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.
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.