Washington: Cannabis DUI challenge rejected by state Supreme Court
CANNANNEW REPORT

The Seattle Weekly  reports Everett man argued the law must be tossed because legal limit for THC is not supported by science. OLYMPIA — The state Supreme Court has upheld Washington’s law, making it illegal to drive under the influence of cannabis, based on a statute put in place by voters as part of the 2012 initiative legalizing marijuana. Justices unanimously rejected May 12 a Snohomish County man’s contention that the law is unconstitutionally vague and irrational because the standard used for determining whether a person is impaired is not supported by scientific evidence. Douglas Fraser III, 29, of Everett, further argued he had a legal right to consume cannabis and drive, as long as he didn’t consume so much it affected his driving. The court disagreed. “While one can legally drink and drive, one can be found guilty of DUI when their driving is affected or their BAC (blood alcohol content) is above the legal limit,” Justice G. Helen Whitener wrote in the ruling. “And if someone has a BAC above the legal limit, they are guilty of DUI even if their driving is not impaired. The same is true for consumption of cannabis and driving.” 988960 Ten years ago, voters approved Initiative 502, which legalized the growing, processing and selling of cannabis for recreational use to adults 21 years and older. The measure established regulations and taxes for the new industry. And it modified the state’s driving under the influence so a person could be guilty of DUI if, within two hours after driving, the concentration level of tetrahydrocannabinol (THC) in their blood is 5.0 nanograms per milliliter or higher. Around 6:30 p.m. on July 11, 2017, a trooper clocked Fraser at 81 mph going north on I-5 near the Everett Mall. The trooper reported seeing Fraser driving by himself in the…

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