State Of Washington, V Michael R. Gradt

[As amended by order of the Court of Appeals February 11, 2016.]

Maxa, J.

¶ 1 Michael Gradt was convicted of possession of 40 grams or less of marijuana. He challenges the district court’s failure to dismiss his charges after voters passed Initiative 502 (1-502), which decriminalized the possession of small quantities of marijuana. Laws of 2013, ch. 3. Gradt argues that 1-502 should be applied to marijuana possession charges pending at the time it became effective despite RCW 10.01.040, the general saving statute, which requires criminal charges to be prosecuted based on the law in effect at…