From a note to editors by the Washington State Patrol, concerning new state law on marijuana going into effect tomorrow …
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However, it is unlikely that we will have much to report tomorrow regarding immediate effects of the new marijuana law. In particular, there will be no way to tell how many people troopers might have contacted with less than an ounce of marijuana and who were NOT arrested. It’s fundamental that we don’t keep tabs on people engaged in legal conduct.
It will take a month to six weeks to have completed trooper time sheets that might indicate a change in the number of arrests for possession. However, trooper timesheets only indicate “drug arrests,” they do not indicate the type of drug involved. So even this might not be definitive.
With respect to impaired driving, we hope you’ve all heard our mantra by now: We’ve always arrested impaired drivers regardless of the drug involved. It has always been a crime to drive while impaired by drugs whether they be illegal, legal or even medically prescribed. This new law does not change how troopers will determine impairment at the side of the road.
The THC level in a suspect’s blood will not be known for days or weeks after the roadside contact. That will be an issue for prosecutors and defense attorneys not troopers.