Marijuana

The law is complicated when it comes to marijuana. Washington State residents know that recreational marijuana use was legalized for those over 21 after I-502 was passed. Although there were some restrictions on legalization, Washington residents generally believe that marijuana can be purchased and used as they wish. Although this is true, it is important to remember that the devil is in all the details.

Where

First, the place you use marijuana will affect the jurisdiction of your case. We deal with cases that arise in municipalities, counties, or on federal land. These prosecutors handle marijuana cases in different ways. Prosecutors in different parts of the state may use different standards for marijuana DUI (THC concentration of 5ng/ml) to analyze the elements of the criminal case. However, they won’t be subject to the same punishment. A Kitsap County prosecutor might not accept a Pre-Trial Diversion Agreement if your blood tests are well above the per se limit. However, a federal prosecutor may be open to it.

You will be subject to different penalties if you possess marijuana in a National Park than if it is at home. You can also expect different treatment if your neighbor smokes marijuana in their neighborhood.

Federal crime: You can cross the Washington State border with marijuana in your vehicle and transport it to Oregon. You can legally possess marijuana in Washington, Oregon, but you cannot transport it across state lines.

Federal charges against you will not allow you to mention that you have the authorization to use medical cannabis as a defense. Federal cases will not allow you to disclose information about your Washington license which allows you to grow marijuana in non-commercial cooperatives.

As you can see, the consequences and trial strategy for marijuana offenses will vary depending on the location you were charged. Federal procedures and memos are designed to ensure that recreational and medical marijuana users will not be prosecuted. However, they are not guaranteed. Individuals who grow or distribute marijuana without following the law are most at risk. Uninformed users could also be subject to prosecution. They may believe their use falls within Washington legal guidelines but they are actually engaging in behavior that could be prosecuted–including driving with THC concentrations higher than permitted by statute.

Finally, possession or use of marijuana on federal property or federally controlled property like Forest Service Land, Park Service Land, Postal Property, Veterans Administration or any federal buildings, including military property, can result in you being prosecuted under federal regulations. Federal prosecutions are not affected by state laws or attitudes regarding marijuana use. You should not have marijuana in your vehicle or on federal land if you plan to cross it.

When

The second is that marijuana use can have a significant impact on your case’s outcome.

You may be charged with violating RCW 46.61.502 if you smoke marijuana every day but do not drive for more than 5 to 6 hours. Your blood could contain higher levels of THC than 5 ng/ml. Regular users might have higher levels of THC in their blood.

The blood test won’t tell you when you last used marijuana or give you a measure for psychoactive impairment. You have broken the DUI statute if your blood test shows a blood level greater than 5 ng/ml.

The blood draw may be subject to legal challenges. The blood sample must be taken according to a protocol. An analysis of the reports can be performed by your defense attorney to determine whether there are legal issues regarding your blood sample.

Why?

Adults over 21 are allowed to use marijuana recreationally, but medical marijuana use is permitted in certain circumstances for those under 21. If you are younger than 21, there are strict requirements and many limitations to this use. No matter what age, anyone who uses marijuana for medical purposes as documented by a qualified provider must still follow RCW 46.61.502 and not operate a vehicle if the THC concentration is more than 5 ng/ml. Driving impaired is not protected by medical marijuana.

How

No matter whether you smoke marijuana or eat edibles, the way you consume marijuana can have a profound impact on your health. Even if you have not used marijuana for hours, your blood draw will be affected by daily use. There are saliva tests that can detect psychoactive metabolites at your stop in at least one state. This technology is not available in Washington. We know of a Kitsap County provider that can provide saliva tests to determine the most recent use of your saliva. Within 12 hours of your stop, you must have your saliva tested.

It is crucial to be aware of the THC content in edibles. For a longer time, edibles may produce more THC.

CBD oils may also pose a risk in rare instances. Research shows that CBD oils won’t cause positive blood tests. Although this is generally true, transdermal patches can cause THC to enter your bloodstream. Although CBD oils are often advertised as high CBD and low in THC, there is no standard for this product and some subjects have tested positive for the metabolite carboxy–THC using urine tests. Some CBD oils can be sold at extremely high levels, and when combined with marijuana, THC levels may be higher than expected. Your combination of CBD oils, Hemp oil, edibles, and smoking could put you at risk of a blood draw, which would violate the DUI statute.

“But I wasn’t impaired!” Defense

It is not possible to defend yourself by saying “I know my limit” and “I wasn’t impaired”. This defense is only applicable to alcohol-related DUIs. And it doesn’t work currently for marijuana-related DUIs. Although science has shown that marijuana impairment is not a “one-size fits all” measure, laws have established a standard of THC concentration of at least 5 nanograms per liter of blood. The state can still meet its burden by using the per se standard until science can measure psychoactive THC forms during your stop. There are other defenses that may be available. These legal defenses should be evaluated by an experienced criminal defense attorney on a case-by-case basis.

Sharing is caring, but not with marijuana

It is easy to distribute marijuana by sharing. You should not sell your marijuana. All marijuana must be sold in a licensed location in Washington. Although it might seem small to sell or give marijuana to a friend, the laws regarding drug use are not common. It is important to note that marijuana is a Schedule I drug, along with heroin. This means that it is more dangerous than methamphetamines and cocaine. It is important to understand the laws and avoid being charged with marijuana use.

In the meantime, be informed to ensure you don’t become a statistic in drug enforcement efforts.

Contact our office if you’re under investigation or worried that your drug use may pose a legal problem.