Marijuana DUI in Washington?

Q: Can you get a DUI when driving after smoking marijuana?

A: The initiative sets a per se DUI limit of "delta-9" THC levels at greater than or equal to 5 nanograms per milliliter of blood (5 ng/mL). State and local law enforcement agencies are tasked with enforcing the DUI limit.

This info comes from

Something questions are raised:

  • A habitual smoker will have a Delta nine level of that high for many days after smoking. Is there something else we could test for, such as cognitive ability?
  • Smokers supposedly drive just as good as sober drivers. So why the DUI?
  • How will the police check for these levels? Am I required to give blood or saliva to Police?


Unless you were just browsing around for good information about marijuana and marijuana busts, you’re no doubt here because it’s already too late, you’ve either just been released by the cops or you’re looking at a citation or summons to appear in court for a marijuana offense. Believe me, I can feel your pain, it’s happened to me!!