A lot of people are wondering, just as I am, with the implementation of the legalized recreational marijuana system passed by Washington voters with Initiative 502 what’s going to happen?  As a DUI attorney/ criminal attorney I’m especially interested in having a pulse on what’s going on.  As of January 18, 2013, the Washington State Liquor Control Board is now seeking proposals for marijuana consulting services in: product and industry knowledge, product quality standards and testing, product usage and consumption validation and product regulation.  This is good news.  It’s great to see progress and the State requesting consultants to assist in Initiative 502 implementation.  Times have definitely changed here in Washington.  What remains to be seen is will the change be considered a positive one for all of us.

As a Seattle attorney who represents those accused of Driving Under the Influence DUI/drunk driving cases I’m interested in how the State will prosecute such cases as it relates to marijuana consumption.  The real issue in Marijuana DUI cases is whether or not the driver’s ability to drive was affected by consuming marijuana.  Factors to consider of signs of intoxication would include but not limited to, active components of THC in a driver’s system, time of last consumption in relation to time of driving, and the driving observed.  Just as with alcohol consumption, marijuana consumption and it’s effects on individuals vary considerably.  As a result, I think marijuana DUI cases are tough to defend but even tougher to prosecute.

 

Published by David O

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