Index
Traffic and Driving (DUI)Washington

Washington State Per Se DUI for Cannabis

Summary

It is illegal to drive with 5 nanograms or more of active THC per milliliter of blood, regardless of perceived impairment.

Rights & Rules

  • 01.
    Drivers are prohibited from operating a motor vehicle with a blood concentration of 5 nanograms or more of delta-9 tetrahydrocannabinol (THC) per milliliter of blood.
  • 02.
    This is a 'per se' limit, meaning impairment does not need to be proven if the blood level is at or above the limit.
  • 03.
    It is also illegal to drive under the influence of, or affected by, marijuana to any degree that renders the driver incapable of safely operating a vehicle.

Penalties

  • 01.
    Penalties are the same as for alcohol DUI/DWI.
  • 02.
    First offense: Fines ($865-$5,000+), jail time (24 hours to 365 days), license suspension (90 days to 2 years), mandatory ignition interlock device, alcohol/drug assessment and treatment.
  • 03.
    Subsequent offenses carry increasingly severe penalties.

Verified Citations

Revised Code of Washington (RCW) 46.61.502 - Driving while under influence of intoxicating liquor or drug—Evidence—Tests—Sentence—Arrest

Source
"(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle: ... (c) While the person has, within two hours after driving, a THC concentration of 5.00 or more."