DUI Attorney Blog - Legal Aspects of Marijuana

Read our blog for the latest info about DUI arrest representation in Spokane, including information about marijuana and under age DUI. Nicholas George is a DUI Defense Attorney with years of experience defending drunk drivers in Spokane, WA. Nicholas George Spokane DUI Attorney - The DUI Warrior! Legal Representation.

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Legal Aspects of Possession and Use of Marijuana: Legality

The following information will help you better understand the legal aspects of possession and use of Marijuana. If you have been arrested for marijuana possession or driving while under the influence of marijuana, we can help you fight the charges in Spokane Court.

What is Marijuana?

'...all parts of the plant Cannabis, whether growing or not, with THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its sees or resin.'

What is Usable Marijuana?

'...dried marijuana flowers. The term 'usable marijuana' does not include marijuana-infused products.'

What are Marijuana-Infused Products?

'...Products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include usable marijuana.'

What is Delivery?

'...The actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.'

What does Distribute Mean?

'...To deliver other than by administering or dispensing a controlled substance.'

What is Legal Under Washington Law?

A person who is 21 or older may posses a total of
1 oz. of usable marijuana
16 oz of marijuana-infused product (solid)
7 oz of marijuana-infused product (liquid)
The possession, use, and related drug paraphernalia.

What is not Legal Under Washington Law?

The possession of marijuana between 28.3 grams and 400 grams (misdemeanor).

Possession of 40 grams or more (Class C Felony).

Possession of Marijuana by a person under 21 (exceptions for medical).

The manufacturing and or delivery of marijuana unless the Washington State Liquor Control Board promulgates regulations; licensed the producers, processors, and retailers to manufacture and deliver marijuana-infused product.

What do Police Look for in a Marijuana DUI?

The observance or smell in a vehicle indicating that the driver may be impaired.

Using marijuana may be legal, but driving impaired is not.

Officers are learning:
• The effects of marijuana consumption.
• The physical and behavioral indicators of marijuana consumption and impairment.
• Proficiency in the use of Standard Field Sobriety Tests.

What are Other Effects of Marijuna?

THC calms users. This makes them generally cooperative so that police can extract details about their use and consumption.

Users are generally jovial, talk loud, and exhibit inappropriate humor.

In general, marijuana users feel they have the ability to perform any physical or mental task. They easily loose interest and forget instructions while under the influence.

Later in the duration phase, as THC levels fall, users become disinterested and sometimes paranoid.

What are the Effects of THC and Alcohol?

Combined consumption of low levels of THC and alcohol appear to impair users out of proportion to the amount consumed.

THC slows actions, making users cautious. THC users may be driving under the speed limit.

Consuming alcohol along with marijuana tens to overcome the slowing aspect to the THC and user may speed to the point of recklessness.

What are the effects of THC Infused Product?

THC users may not be smoking marijuana, but instead using liquids infused into foods. In this case the officer might not be able to observe or smell marijuana.

Cops may see signs of impairment to which they can ask the driver if marijuana was used and how it was consumed.

Police are investigating into articulate objective facts of THC impairment before the arrest, implied consent warnings, and blood draw.

When an arrest is made, police follow case law, agency policy, and their training in securing the evidence of marijuana consumption.

What Happens in a Standardized Field Sobriety Test (SFST) Performance?

Eyes – Horizontal Gaze Nystagmus
• Looking for unresponsive and dilated (large pupils).
• Lack of convergence (the inability of the eyes to come together)
Walk/Turn and One-Leg Stands
• Impairment on attention (forgetting instructions)
• Muscle Tremors
• The same impairments of alcohol
Romberg Balance
• Estimated time of 30 seconds, standing with feet together, hands at side and head tilted.
Police look for:
• Muscle and eyelid tremors
• Swaying
• Impaired time perception

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