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Attorney Alex Newhouse Clarifies And Explains The DUI-C Provision Of I-502

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marijuana duiiA Legal Breakdown Of I-502’s DUI-C Provision

I saw the following post on Washington N.O.R.M.L.’s Facebook Page and figured it was worth posting for a discussion:

MORE from lawyer Alex Newhouse and I-502 and the DUI-C provision

I-502 puts into place a 5ng per se DUI law. Almost ALL users will fall below this if they use marijuana responsibly. A few legitimate patients may never fall below this, but if they take a couple of added precautions and do not drive impaired, their risk of DUI will be very low for a number of reasons. Right now, a DUI conviction can be obtained on any amount of active THC and the officer’s testimony. And right now patients only have an affirmative defense to possession. I-502 will make a better world for patients and put a stop to recreational users taking advantage of the system for legal protection.

Third, there is NO SUCH THING as an automatic DUI. A suspect can always challenge the stop and can always go to trial and question the evidence against him.

Fourth, there is no ZERO tolerance DUI under I-502. Absent impairment, a person under 21 can be charged with a misdemeanor if he has under 5ng of active THC in his system. This crime does not count as a prior when considering subsequent DUI penalties and is often times dealt away without a conviction. I-502 essentially creates the same tolerance for children using marijuana as we currently have for children using alcohol. The main difference is that many common over the counter medicines have alcohol in them, and so it is appropriate to have the .02 limit for alcohol and .00 for THC. This encourages our children to hang out with the right crowds, to NOT use marijuana, and to not drive impaired.

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47 Comments

  1. IT COULD BE WORSE YOU COULLIVE IN INDIANA HERE YOU COULD HAVE SMOKED TWO WEEKS AGO AND STILL GET HIT WITH DUI AND IF YOU DONT WANT TAKE THE LITTLE TEST WELL THEY STILL HIT YOU WITH A DUI I WOULD BE HAPPY WITH A 502 HERE AT LEAST ITS SOMETHING

  2. You must be as ignorant as your writing displays. You deserve to be paying $7000, they aught to throw your dumb @$$ in jail. It is people like you that give cannabis smoking a bad rap.

  3. Dear Guest; I would have to say that you want to remain un-identified because you do not want to display how ignorant you are. You do not get popped for dui for not submitting to tests, they just pull your license for not submitting. Now lets review exactly who is the DUMB F–king idiot.

  4. STFU about DUIDs! Don’t drive with a stinky car dumb ass. Yeah, I called you a dumb ass because that’s what you’re fighting, a made up scary ass tooth fairy. I live in a 2 ng state so go tell your scare mongering stories to someone else.

  5. Hey Steve, just don’t smoke in your car and you’re good to go! haha No but the LP party isn’t really an important factor to base any argument on so walk on.

  6. THANK YOU SIR. JUST BECAUSE YOUR A HALF WIT LAWYER DOESNT MEAN YOU KNOW DICK ABOUT EVERY FIELD OF LAW. WHICH THIS GUY CLEARLY DOESNT. ANYONE WHO SAYS THERE IS NO SUCH THING AS A AUTO DUI IS A STUPID FUCKING MORON CUZ IM PAYIN 7000$ RIGHT NOW TO GET OUT OF A AUTO POT DUI I GOT WHEN I SAID I NEEDED TO CONSULT MY LAWYER BEFORE A BLOOD TEST. COP WROTE IT UP AS A AUTO DUI. EAT THAT YOU STUPID FUCKING LAWYER

  7. THIS GUY IS SPITTING SHIT OUT OF HIS MOUTH. LITTERALLY HES CHANGES HIS MESSAGE TO BE RIGHT NO MATTER WHAT HE SAID PREVIOUSLY THAT CONTRADICTS SAID MESSAGE

  8. “Like I said. It is endorsed by both Libertarian candidates.” NOT SPICOLLI…. SO I GUESS YOU FORGOT YOUR LATEST POST???

    . ARE YOU ANOTHER STUPID FUCKING IDIOT???

  9. NO SUCH THING AS A AUTO DUI???????? YOU ARE THE STUPIDEST LAWYER IVE EVER HEARD. JUST TELL A OFFICER YOU DONT WANNA GIVE A BLOOD TEST AND SEE WHAT HAPPENS. AUTO DUI. YOU DUMB FUCKING IDIOT

  10. AaronKightlinger on

    “I-502 puts into place a 5ng per se DUI law. Almost ALL users will fall below this if they use marijuana responsibly.”

    So all I need to do is smoke responsibly, then! Sweet!

    Where are the posters and advertising campaigns that are designed to educate me on how many joints I can smoke per hour before I am considered impaired?

    My point is that we have these numbers and these active campaigns currently in place for alcohol use and how to Drink Responsibly ™. If we have some good ol’ scientific evidence supporting this 5 ng/ml per se limit for cannabis-use, we’d have the same literature at the ready for cannabis. So where is it?

  11. Listen to Kary Boiter do nothing but spew baseless fear-mongering. That debate was clearly won by the YES ON I-502 speakers.

  12. That’s really funny….it was a well-know Seattle law firm that made all those mistakes…not us. Our brief was correct and they changed it….and then billed us for it.

    The judge should have advised us to seek “GOOD” legal representation. They haven’t gotten paid, for obvious reasons. I don’t think they want to defend their poor trade-craft in front of a judge. But thanks for bringing up the fact that many attorneys are incompetent, regardless of their affiliations.

    This is why you want to stay away from the NORML lawyer list. It’s apparently a popularity contest as to who get’s the work. Keith Stroup and Allen St. Pierre are running a legal fiefdom, doling out lucrative legal cases to those attorneys who tow the NORML political line and never disagree with Stroup and St. Pierre.

    I think that NORML’s decades long grift on the cannabis community has about run its course. The $50,000 “contribution” from Rick Steves to NORML….right before NORML twisted the arms of board members to “unanimously” vote to support I-502, is more than suspicious. So is the response of those who had their arms twisted.

    Mr. Henson, you should read this and learn something about the organization you follow so blindly. Here’s the latest story on NORML’s iron grip on cannabis opinion and policy. The end of NORML is right around the corner.

    http://ireadculture.com/2012/08/news/flash/reforming-norml/

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