Marijuana DUI

Washington State created a legal paradox when they added marijuana per se limits as part of their DUI statute. The science behind an alcohol-related DUI is supported by science. However, the marijuana DUI standards are founded on fear. The standard for marijuana of 5 ng/ml does not reflect a clear understanding of THC’s effects on impairment.

The marijuana DUI law was enacted after it was widely agreed that the 5ng/ml standard didn’t accurately measure impairment. The attempted measurement of impairment is too subjective and depends on many physiological factors which can vary from one person to the next. It isn’t hard to see where the 5 ng/ml standard came from. It is not based on science but rather it is the result of clamoring from various special interest groups.

There is no correlation between per se standard and impairment

The body does not burn marijuana at a constant rate like alcohol. Even after a person has stopped using marijuana, the THC remains in their body and is slowly released into fat cells over days or even weeks. While the “high”, or impairment, lasts for a brief time, the measurable amount of THC is retained for a longer period.

The Marijuana DUI Statute

This statute is used to criminalize driving while using marijuana. It is simply an updated version of the decades-old DUI statute. The following modifications were made to RCW 46.61.502 in order to regulate marijuana.
RCW 46.61.502

(1) Driving while impaired by marijuana is a crime.
(b) A person has a THC level of 5.00 or more within two hours of driving. This can be determined by an analysis of blood under RCW 46.61.506 or
(c) When the person is under the influence… marijuana;
(d) When the person is impaired or under the influence of intoxicating liquor, marijuana, or any other drug.
(2) A person charged with violating this section has or was entitled to use a drug in accordance with the laws of this State. This defense does not apply to a charge of violating it.

Similarities

A marijuana DUI is a serious misdemeanor just like an alcohol DUI. Similar requirements apply to sentencing. A person convicted for marijuana DUI must also undergo an alcohol and drug assessment, continue with treatment, as well as a DUI Victims Impact Panel.

There are differences

The timeline is a significant difference

A marijuana DUI will have a different timeline. An alcohol DUI typically results in a person appearing before the Court on the first day of the next judicial session. The criminal process begins immediately. The Court process for marijuana DUI may take up to eight months. The process can take too long for the person to forget about it. They then receive a summons by mail. This is because the suspect’s blood sample will be sent to the Washington State Crime Lab by the arresting officer. The Crime Lab won’t give the result back for several months. Once the result has been received by the officer who arrested it, the crime lab sends it off to the local prosecutor’s office. They will eventually charge the case.

The presence of a warrant is the second difference. A warrant is the basis of most marijuana DUI cases. Law enforcement can make mistakes when obtaining a warrant. This is because it is a complex process. The warrant result (the blood result), can be thrown out if an error is made during the warrant application process.

Marijuana DUI cases can be defended. You should immediately contact an experienced DUI defense lawyer if you are facing a marijuana DUI case. It is not a good idea to wait for the charges to be filed, as it could take up to 8 or 4 months. There are many strategic decisions to be made within the first few days. (Should you take your own independent test? There are also timelines that must be considered (do I have to request a DOL hearing within seven days?). These decisions are crucial and cannot be re-examined if it is too late.

For a confidential, free consultation, please call our office if you have any questions about a marijuana DUI case.