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Call: (206) 382-9200 or email: kevin@tromboldlaw.com

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Medical Marijuana – Initiative 502

We’re now into the final month of 2011. In addition to holiday shopping and end-of-year financial preparations, this December is also the last opportunity for you to express your support for a proposal which would effectively decriminalize marijuana in Washington.

Initiative 502 is a proposed measure which would allow certain quantities of marijuana to be purchased by people in Washington while creating a system of growers, processors, and retailers which would be regulated and taxed by the state government. I-502 needs a total of 240,000 signatures from Washington residents by December 30 in order for it to be considered by the state legislature (or the voters if it is ignored by lawmakers).

But how would I-502 affect cases of DUI for people with marijuana in their system?

The component of marijuana which causes driving impairment is THC. I-502 would establish a benchmark THC level of 5 ng/ml of blood over which a driver would be considered illegally driving (much like the current .08 BAC is used as a per se level with drivers).

Right now, drivers can be arrested for DUI if they have even trace amounts of marijuana in their system. For casual users, THC can remain quantifiable in the blood for up to eight to twelve hours after smoking marijuana. The 5 ng/ml figure that some believe represents a level of THC in the blood after a period of less than three hours has passed since any marijuana has been smoked (although as with alcohol, everyone’s body processes THC a little differently).

If you wish to sign the petition, there are a half dozen in the Seattle area. Even if you don’t consume marijuana yourself, you might wish to sign the petition because of its effects on state tax revenue and the clarity of Washington laws surrounding marijuana use.