Posts tagged DUI marijuana

Washington State Marijuana Laws

How well do you know the Washington State Marijuana Laws?  It’s important to be safe and avoid any criminal prosecution, so let’s review the laws pertaining to legalized marijuana.

Washington State Marijuana Laws

1.  It is legal for any individual of the age of 21 or older to buy marijuana from a licensed recreational marijuana retail store.  Individuals 21 years and older may legally possess and use:

  • 1 once of marijuana bud/flower,Washington State Marijuana Laws - marijuana light bulb
  • or 7 grams of marijuana concentrate/extract for inhalation,
  • or 16 ounces of marijuana infused product in solid form,
  • or 72 ounces of marijuana infused product in liquid form
  • marijuana related drug paraphernalia

2.  It is illegal to possess more marijuana than what is listed above and it is illegal to possess any form of marijuana or drug paraphernalia if an individual is under 21 years old.

  • FUN FACT – Washington State recreational marijuana sales to the public began July, 8 2014.

3.  Growing marijuana at home for recreational use or to sell is illegal.  Individuals must purchase marijuana from a licensed recreational retail store.

  • FUN FACT – According to the Washington State Liquor and Cannabis Control Board, the marijuana industry generated over $64 million dollars in tax revenue during its first fiscal year.

4.  Marijuana purchased in Washington State must be consumed in Washington State, it is illegal to transport marijuana to other states.

5.  Individuals from other states are allowed to purchase marijuana in Washington State as long as they are 21 or older and they must consume the product in Washington State, they cannot take it back to their home state.

6.  Purchased marijuana products cannot be consumed in the retail store, it is illegal.  This includes concentrates, edibles, and the bud/flower.

7.  It is illegal to open and/or consume any type of marijuana products in the view of the general public.  If law enforcement see’s an individual opening and/or consuming any type of marijuana product in public, that officer is first required to give the offender a verbal warning.  It the individual does not abide by the officer’s warning, the officer will then issue a $27.00 fine.

8.  It is illegal to drive under the influence of marijuana.  There is a per se DUI limit of “delta-9” THC levels at greater than or equal to 5 nanograms per milliliter of blood (5 ng/mL).  If an individual is driving under the influence of marijuana they could be charged with DUI.  A marijuana DUI is treated the same as an alcohol related DUI. State and local law enforcement agencies are tasked with enforcing the DUI limit.

If you have any further questions about Washington State marijuana laws, DUI marijuana laws, or if you have been charged with a marijuana DUI, the attorneys at David O Defense are here to help.  Give us a call, 206-459-6392, today.

 

“DUI Policy Day” – For Lawmakers in Olympia

This past Tuesday, lawmakers in Olympia Washington had an unofficial “DUI Policy Day” to review and discuss House Bills 2344, 2506, 2507,  2503,and 2728.  The bills will provide clarity to unclear current DUI laws and will also stiffen penalties for repeat DUI offenders.

House Judiciary Committee chairman, Roger Goodman, D-Kirkland lead the discussion on bills.  Bill 2344 became a fiery debate.  2344 would require the Department of Licensing to mail out reminders of installation of an ignition interlock device to individuals who have been convicted of a DUI.  The ignition interlock device prevents drunk driving by requiring the driver to blow into a breathalyzer before their car will start.  Additionally, the bill stated that if an individual bought a new car to circumvent placing an ignition interlock device into their car they would be charged with a gross misdemeanor.  Republican Chad Magendanz, supporter and sponsor of Bill 2344, said it’s “absolutely clear,” this bill will prevent accidents and will detour individuals from buying a new car to escape placement of an ignition interlock device into their current car.  DUI defense attorneys and other opponents of 2344 exclaimed the bill was vague and way too costly at a projected 6 million to print and send ignition interlock reminders.  Goodman stated the cost “might put the bill in jeopardy.”

Bill 2506 requires Class C DUI felonies to be upgraded to Class B felonies.  The change in class would not increase sentencing ranges but would enhance post prison supervision on individuals that have an extensive criminal history.  Amy Freidheim, a King County prosecutor, said  this bill would only affect about a half-dozen people in King County over the past seven years.  Thus, bill 2506 would change post-jail conditions for approximately one person in King County each year.

Bill 2507 enhances penalties for individuals that have committed at least two DUI related vehicular homicides.  For the very very small number of individuals that fall into this category, they would have substantial increased jail time.

Bills 2503 and 2728 are primary technical changes, including or excluding wording.  However, the bills do include the ability for law enforcement to conduct blood draws from individuals that contest taking the alcohol breath tests.  Law enforcement would no longer require a warrant for the blood draw.

In addition to these 5 bills, Roger Goodman brought up several other DUI crack down ideas which included random DUI checkpoints.  Most of the ideas were quickly thrown out due to cost or overall ineffectiveness.  Marijuana DUI discussions were also heard.  Activists were voicing their disagreement with I-502 making it a crime to drive with five nanograms of THC (the active component in marijuana) in an individuals blood stream.  Their thoughts were five nanaograms was too low of a limit and that many law-abiding medical marijuana users have more than that in their bloodstreams and still physically and mentally function at levels safe enough to operate a car.

 

Written by S.O

 

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com

See What’s Happening on Twitter