Shira J. Stefanik can help you navigate the world of cannabis.
Marijuana / Cannabis DUIs In Washington State
How THC Differs from Alcohol in DUI Cases
Unlike alcohol, which has a more predictable absorption and elimination rate in the body, THC metabolizes in ways that vary widely among individuals. Factors such as body fat percentage, frequency of use, metabolism, and even genetics can affect THC levels in the bloodstream. This is why using a "per se" limit for THC, like the 5ng/mL rule, doesn't accurately reflect impairment and often leads to unfair DUI charges. The government can try to convict you, even if you are not impaired, if your blood is at or above a certain THC level.
Issues with the 5ng/mL THC Limit
The 5ng/mL standard was based on outdated studies and assumptions about THC impairment. Research has shown that a person may have elevated THC levels long after any impairing effects have worn off, meaning they could test over the legal limit hours or even days after consumption. This creates a unique challenge for cannabis users who face DUI charges despite not being impaired at the time they were driving.
The Role of a Cannabis / Marijuana DUI Lawyer in Washington
If you're facing a cannabis DUI charge, an experienced Seattle marijuana DUI lawyer can help you understand the science behind THC testing and challenge the accuracy and reliability of the evidence against you. This includes scrutinizing:
Officer Testimony: Law enforcement's subjective observations, like red eyes or "odor of cannabis," may not indicate impairment, especially for medical or regular users.
The blood draw: Extracting your blood is a constitutionally protected search. The police need a search warrant that is signed by a judge, or a valid search warrant exception, to draw your blood. Search warrants, or exceptions to search warrants, can be legally insufficient.
The Testing Process: Blood tests for THC can be scientifically flawed, with variability in timing, handling, and analysis. Your blood results are more complex than the report the government will offer against you.
Cannabis DUI Penalties in Washington
In Washington, penalties for a cannabis DUI are similar to those for alcohol DUIs, which may include fines, license suspension, and jail time. For those with prior DUI convictions, these penalties increase significantly. Understanding the potential consequences and seeking legal counsel is essential.
But isn't marijuana / cannabis legal?
Somewhat. Initiate 502 (I-502) was passed in December of 2012, which allowed marijuana / cannabis to be grown and sold in stores for recreational use for adults over the age of 21 in the State of Washington. But there are extensive rules and regulations outlining how some marijuana/cannabis is legal. “Black market” products are not legal. Cannabis is still illegal federally, so smoking a joint in a national park can get you charged with a federal crime. Such enforcement is becoming increasingly infrequent, but it is important to remember that the legal status of Cannabis is still a somewhat gray area. There are still cannabis activities that can lead to criminal charges.
Growing Marijuana / Cannabis In Washington State
If you are not a licensed grower, you cannot grow your own cannabis. Unless it is for medical use, and you are growing no more than 15 plants – unless you can demonstrate that it is medically necessary to grow more than 15 plants to properly treat your condition. You are supposed to register with the Department of Health, unless you are only growing 4 plants for your own private medical use.
Law enforcement still obtains warrants and busts “illegal grows”, often contained in a residence. You need an aggressive Seattle marijuana lawyer in your corner. I have handled countless cases like this over the years and I know where to look for weaknesses in the government's case.
Marijuana / Cannabis Asset Forfeiture in Washington State
If you are accused of operating an illegal grow house, law enforcement will often times seize your property and try to keep it under a process called asset forfeiture. Asset forfeiture is a civil proceeding that the government uses to try to take property they think you obtained with illegal money. The government will take your cars, your cash, your bank accounts, electronics, clothing, and even the title to your house if they think that you cannot prove that the money you used to buy these things came from a legal source. Asset forfeiture has several deadlines to make a claim for the return of your property, so you need an experienced Seattle asset forfeiture lawyer fighting for you. Call us as soon as you are busted so we can help you keep your property.