Can I get pulled over for smelling like weed in WA? How cannabis DUI laws work

When it comes to cannabis use, determining who is driving under the influence can be tricky.

Cannabis sticks around in the blood longer than alcohol, especially when you’re a chronic user. Plus, different people can experience different impacts after consuming the same amount of cannabis, depending on their tolerance level.

Additionally, the smell of cannabis can linger on clothes, in cars and on individuals.

Can you get pulled over for smelling like weed in Washington state? How do troopers tell who is too high to drive?

Here’s what to know:

How does Washington law define DUI?

Under Washington law, you can be found “guilty of driving while under the influence of intoxicating liquor, cannabis or any drug.”

Drivers age 21 and older can be charged with DUI if the “results of a breath or blood test” show their blood alcohol concentration is 0.08% or higher,” the Washington State Patrol said.

For drivers under age 21, the legal alcohol limit drops to 0.02%.

Drivers can also face DUI charges if they have a THC concentration of 5.00 or higher “within two hours after driving,” the Revised Code of Washington said.

“Drivers found with THC levels at or above this threshold are presumed to be in an impaired state and can be charged with DUI without the need for evidence of actual difficulties driving or functioning,” the South Sound Law Group in Tacoma said on its website. “Police can also arrest drivers who appear too intoxicated to drive, regardless of their THC blood level.”

“Even if you’re under that number, if you’re obviously impaired and get into an accident, we can determine you’re under the influence,” said Trooper Daniel Mosqueda with the Washington State Patrol.

Any concentration of THC in your blood constitutes driving under the influence if you’re under age 21, according to Washington state law.

How does cannabis affect your ability to drive?

Cannabis’s impacts on the brain make usage unsafe before driving, according to the Centers for Disease Control and Prevention.

Using cannabis impairs your coordination and distorts perception, the CDC said. Your decision-making skills are also impacted.

“Using cannabis can cause drowsiness, slow reaction time and other side effects that can impair your driving, making it dangerous for yourself and others,” the Washington State Liquor and Cannabis Board said.

How does law enforcement determine cannabis DUI?

In Washington state, a law enforcement officer can determine that a driver is under the influence regardless of the amount of alcohol or THC in their blood.

“Law enforcement often relies on roadside sobriety tests to determine impairment, and they can arrest drivers who appear to be under the influence of alcohol or other drugs — including cannabis,” the state Liquor and Cannabis Board said. “Their testimony, as well as the results of a blood test, are used in court.”

The Washington State Patrol has specially trained members nationally certified as drug recognition experts, according to Mosqueda.

These troopers can perform a 12-step evaluation process when a driver shows signs of impairment.

Can I get in trouble for keeping cannabis in my vehicle?

According to the Washington State Liquor and Cannabis Board, you can legally keep cannabis in your vehicle as long as it’s out of reach of all occupants — and out of public view.

You need to keep your cannabis in your vehicle’s trunk or a similar area that’s “not occupied or accessible by the driver or passengers,” the board said.

Your car’s glove compartment doesn’t count, unless it has a lock.

Additionally, any cannabis in your vehicle must be in the container it was purchased in with an unbroken seal, according to the State Liquor and Cannabis Board.

Can I get pulled over for smelling like weed?

Experts across the country have disputed the so-called “plain smell doctrine” — the practice of pulling over a driver for the smell of cannabis alone

Because there are multiple reasons someone might smell like weed, and the smell of cannabis can last longer than the effects of the drug, smell alone is often considered insufficient probable cause.

In Washington state, the smell of weed alone is not enough to pull someone over or arrest them on suspicion of DUI, Mosqueda said.

Instead, Washington State Patrol uses the “totality of indicators,” the trooper said.

“You’re not at risk of getting pulled over unless you show signs of impairment,” Mosqueda said, regarding indicators of cannabis.

For example, driving and stopping too slow is a common indicator that someone has used cannabis recently.

If troopers pull over a driver due to their behavior on the road, and there are additional signs of cannabis usage, like slow speech and confusion, or even obvious paraphernalia, the law enforcement officers would then consider roadside testing, Mosqueda said.

Sometimes impairment is obvious at collision sites, Mosqueda said, and other times drivers are upfront about recently smoking cannabis.

In both cases, testing would still be done to determine the level of impairment.

However, actively smoking cannabis while driving is different. It is always illegal, no matter the method.

What’s the penalty for driving under the influence of cannabis?

The punishment for driving under the influence of cannabis in Washington state varies based on several circumstances, including the driver’s prior offenses, the level of impairment, if minors were in the vehicle and if anyone was injured.

If you’re caught driving while impaired, you could face fines up to $5,000 and potentially get your license suspended.