Washington

Implied Consent Laws

Drugs

46.20.308 - Learn More
Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath for the purpose of determining the alcohol concentration in his or her breath if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. ICW clears states: breath (only)

Blood

No
Blood is available to LEO not via the ICW. However, it is available to LEO via warrant or warrant exception. The ICW do not apply or control when blood is acquired.

Urine

No

Oral Fluids

No

Other

No

DUI Statutes

Drugs

46.61.502 - Learn More
(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

Combined/Multiple Substance

46.61.502 - Learn More
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

Not applicable

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes
Pursuant to State v. ALRH, 500 P.3d 188 (2021); possession of marijuana is unconstitutional as written in RCW 46.61.4013 based on the State v. Blake decision that determined that Washington’s drug possession statute was unconstitutional. 197 Wn.2d 170 (2021).
RCW 69.50.4013 Learn More
Possession of controlled substance—Penalty—Possession of useable marijuana, marijuana concentrates, or marijuana-infused products—Delivery. (Effective until July 1, 2023.)
(1) It is unlawful for any person to knowingly possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.
(2) Except as provided in RCW 69.50.4014, Learn More any person who violates this section is guilty of a misdemeanor.
(3) The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services.
(4)(a) The possession, by a person twenty-one years of age or older, of useable marijuana, marijuana concentrates, or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) Learn More is not a violation of this section, this chapter, or any other provision of Washington state law.
(b) The possession of marijuana, useable marijuana, marijuana concentrates, and marijuana-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3), Learn More by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382 Learn More and 69.50.385 Learn More is not a violation of this section, this chapter, or any other provision of Washington state law.
(5)(a) The delivery by a person twenty-one years of age or older to one or more persons twenty-one years of age or older, during a single twenty-four hour period, for noncommercial purposes and not conditioned upon or done in connection with the provision or receipt of financial consideration, of any of the following marijuana products, is not a violation of this section, this chapter, or any other provisions of Washington state law:
(i) One-half ounce of useable marijuana;
(ii) Eight ounces of marijuana-infused product in solid form;
(iii) Thirty-six ounces of marijuana-infused product in liquid form; or
(iv) Three and one-half grams of marijuana concentrates.
(b) The act of delivering marijuana or a marijuana product as authorized under this subsection (5) must meet one of the following requirements:
(i) The delivery must be done in a location outside of the view of general public and in a nonpublic place; or
(ii) The marijuana or marijuana product must be in the original packaging as purchased from the marijuana retailer.
(6) No person under twenty-one years of age may possess, manufacture, sell, or distribute marijuana, marijuana-infused products, or marijuana concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
(7) The possession by a qualifying patient or designated provider of marijuana concentrates, useable marijuana, marijuana-infused products, or plants in accordance with chapter 69.51A RCW Learn More is not a violation of this section, this chapter, or any other provision of Washington state law.

Length/Time of Restriction

Ninety days to three-year suspension possible. Pursuant to ALRH, this statute is unconstitutional as written. Thus, they cannot be convicted under it unless the legislature chooses to rewrite it. Thus no license suspension could be imposed.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

46.20.740 - Learn More
46.20.385 - Learn More
The court shall order any person convicted of an alcohol-related violation or an equivalent local ordinance to apply for an ignition interlock driver's license and to have a functioning ignition interlock device installed on all motor vehicles operated by the person. The court may also order the installation of an interlock device for a driver that is convicted of reckless or negligent driving within 7 years of an alcohol-related driving offense. An ignition interlock may be required for reckless or negligent drivers without a prior DUI conviction. An ignition interlock device will be required for any driver convicted of vehicular homicide while driving under the influence. If a minor passenger was in the vehicle at the time of the DUI offense, the use of an ignition interlock device is extended by six months.
The court may waive the requirement that a person obtain an ignition interlock driver's license and operate only vehicles equipped with a functioning ignition interlock device if the court makes a specific finding in writing that the devices are not reasonably available in the local area, that the person does not operate a vehicle, or the person is not eligible to receive an ignition interlock driver's license.
For a person who has not previously been restricted, the device shall be installed for a period of 1 year; for a second restriction, a period of 5 years; for a third or subsequent restriction, a period of 10 years. The driver may apply for day-for-day credit towards the period of license revocation for use of an interlock device, as long as the device is installed in all non-exempt vehicles the driver operates.
For all DUIs, a defendant may be placed on probation which allows the probation officer to monitor defendant and subject the defendant to random drug testing.
RCW 46.61.5055(11): Conditions of probation. (a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes up to three hundred sixty-four days in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive; (ii) not driving a motor vehicle within this state without proof of liability insurance or other financial responsibility for the future pursuant to RCW 46.30.020; (iii) not driving or being in physical control of a motor vehicle within this state while having an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within two hours after driving; (iv) not refusing to submit to a test of his or her breath or blood to determine alcohol or drug concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drug; and (v) not driving a motor vehicle in this state without a functioning ignition interlock device as required by the department under RCW 46.20.720. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i), (ii), (iii), (iv), or (v) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

Other Drugs

Yes
Same as above

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

None

Cannabis Per Se Statute

46.61.502 - Learn More
The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood
The constitutionality of this statute is under direct review by the Washington Supreme Court. Snohomish County, prosecutor Seth Fine, is handling this case for the State. Oral arguments have not yet been scheduled.

Threshold

No Data Available

Nanogram Limit

5ng/ml

DUI Standards

Drivers over 5 ng/ml are presumed impaired and could be charged with a DUI without a showing of actual impairment.

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

46.61.5055 - Learn More
46.61.5058 - Learn More
First offense: Imprisonment of not less than 1 day nor more than 1 year - the mandatory minimum is 24 consecutive hours imprisonment or 15 days electronic home monitoring). Fine of not less than $350 nor more than $5,000 and license suspended for 90 days. Offender may be required to install ignition interlock device on vehicle.
Second offense within 7 years: Imprisonment for not less than 30 days nor longer than 1 year. Sixty days of electronic home monitoring -the mandatory minimum is 30 days imprisonment and 60 days electronic home monitoring. Fine not less than $500 nor more than $5,000 and license revocation for 2 years. Vehicle subject to seizure and forfeiture. May be required to install ignition interlock device on vehicle.
Third and subsequent offense within 7 years: Imprisonment for not less than 90 days nor more than 1 year with 120 days of electronic home monitoring – the mandatory minimum is 90 days imprisonment and 120 days electronic home monitoring. Fine of not less than $1,000 nor more than $5,000 and license revoked for 3 years. Operator's vehicle subject to seizure and forfeiture and offender may be required to install ignition interlock device on vehicle.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

46.61.502 - Learn More
Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense: Imprisonment of not less than 1 day nor more than 1 year - the mandatory minimum is 24 consecutive hours imprisonment or 15 days electronic home monitoring). Fine of not less than $350 nor more than $5,000 and license suspended for 90 days. Offender may be required to install ignition interlock device on vehicle.
Second offense within 7 years: Imprisonment for not less than 30 days nor longer than 1 year. Sixty days of electronic home monitoring -the mandatory minimum is 30 days imprisonment and 60 days electronic home monitoring. Fine not less than $500 nor more than $5,000 and license revocation for 2 years. Vehicle subject to seizure and forfeiture. May be required to install ignition interlock device on vehicle.
Third and subsequent offense within 7 years: Imprisonment for not less than 90 days nor more than 1 year with 120 days of electronic home monitoring – the mandatory minimum is 90 days imprisonment and 120 days electronic home monitoring. Fine of not less than $1,000 nor more than $5,000 and license revoked for 3 years. Operator's vehicle subject to seizure and forfeiture and offender may be required to install ignition interlock device on vehicle.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

46-61-5055 - Learn More
(6) Penalty for having a minor passenger in vehicle. If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court shall:
(a) Order the use of an ignition interlock or other device for an additional six months;
(b) In any case in which the person has no prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional twenty-four hours of imprisonment and a fine of not less than one thousand dollars and not more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent;
(c) In any case in which the person has one prior offense within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional five days of imprisonment and a fine of not less than two thousand dollars and not more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent;
(d) In any case in which the person has two prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional ten days of imprisonment and a fine of not less than three thousand dollars and not more than ten thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent.

Statutes with THC Listed as Delta 8, 9, 10, or 11

69.50.101
Tetrahydrocannabinols are referenced here.

Electronic Warrant Program

Statewide

No statewide system, but almost every local jurisdiction has developed and implemented a version of emailed warrants that works for them and their jurisdiction.

By Locality

No Data Available

Law Enforcement Phlebotomy Program

Several LEA have created LE phlebotomists: Lakewood, Tacoma, Pierce County, Clark County, Vancouver. WSP has created several LE phlebs, but this program is currently struggling with the WSP. The other jurisdictions mentioned are doing well with their programs. There is no statewide coordinated effort here.

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

21 or older
Technically yes, but the minor in possession of cannabis statute has been determined to be unconstitutional. There is a new temporary statute in place effective only till Jul 1, 2023- see RCW 69.50.4013

Underage Cannabis Laws and Penalties

Underage Possession

Illegal- See section above re: State v. Blake and State v. ALRH; new temporary statute in place effective only till Jul 1, 2023.
The legislature did draft a new possession statute that is effective only until Jul 1, 2023- then it either needs to be renewed or will go away.
RCW 69.50.4013 Learn More
Possession of controlled substance—Penalty—Possession of useable marijuana, marijuana concentrates, or marijuana-infused products—Delivery. (Effective until July 1, 2023.)
(1) It is unlawful for any person to knowingly possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.
(2) Except as provided in RCW 69.50.4014 Learn More any person who violates this section is guilty of a misdemeanor.
(3) The prosecutor is encouraged to divert cases under this section for assessment, treatment, or other services.
(4)(a) The possession, by a person twenty-one years of age or older, of useable marijuana, marijuana concentrates, or marijuana-infused products in amounts that do not exceed those set forth in RCW 69.50.360(3) Learn More is not a violation of this section, this chapter, or any other provision of Washington state law.
(b) The possession of marijuana, useable marijuana, marijuana concentrates, and marijuana-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3) - Learn More by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382 Learn More and 69.50.385 Learn More is not a violation of this section, this chapter, or any other provision of Washington state law.
(5)(a) The delivery by a person twenty-one years of age or older to one or more persons twenty-one years of age or older, during a single twenty-four hour period, for noncommercial purposes and not conditioned upon or done in connection with the provision or receipt of financial consideration, of any of the following marijuana products, is not a violation of this section, this chapter, or any other provisions of Washington state law:
(i) One-half ounce of useable marijuana;
(ii) Eight ounces of marijuana-infused product in solid form;
(iii) Thirty-six ounces of marijuana-infused product in liquid form; or
(iv) Three and one-half grams of marijuana concentrates.
(b) The act of delivering marijuana or a marijuana product as authorized under this subsection (5) must meet one of the following requirements:
(i) The delivery must be done in a location outside of the view of general public and in a nonpublic place; or
(ii) The marijuana or marijuana product must be in the original packaging as purchased from the marijuana retailer.
(6) No person under twenty-one years of age may possess, manufacture, sell, or distribute marijuana, marijuana-infused products, or marijuana concentrates, regardless of THC concentration. This does not include qualifying patients with a valid authorization.
(7) The possession by a qualifying patient or designated provider of marijuana concentrates, useable marijuana, marijuana-infused products, or plants in accordance with chapter 69.51A Learn More RCW is not a violation of this section, this chapter, or any other provision of Washington state law.

Underage Consumption

Illegal
See 69.50.4013

Underage Purchase

Illegal
See 69.50.4013

Underage Attempt to Purchase

Illegal
See 69.50.4013

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Yes. However, the caregiver must be 21 years of age or older.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

69.51A.030 - Learn More
Care provided regardless of age with certain restrictions:
(2)(a) A health care professional may provide a qualifying patient or that patient's designated provider with an authorization for the medical use of marijuana in accordance with this section.
(b) In order to authorize for the medical use of marijuana under (a) of this subsection, the health care professional must:
(i) Have a documented relationship with the patient, as a principal care provider or a specialist, relating to the diagnosis and ongoing treatment or monitoring of the patient's terminal or debilitating medical condition;
(ii) Complete an in-person physical examination of the patient or a remote physical examination of the patient if one is determined to be appropriate under (c)(iii) of this subsection;
(iii) Document the terminal or debilitating medical condition of the patient in the patient's medical record and that the patient may benefit from treatment of this condition or its symptoms with medical use of marijuana;
(iv) Inform the patient of other options for treating the terminal or debilitating medical condition and documenting in the patient's medical record that the patient has received this information;
(v) Document in the patient's medical record other measures attempted to treat the terminal or debilitating medical condition that do not involve the medical use of marijuana; and
(vi) Complete an authorization on forms developed by the department, in accordance with subsection (3) of this section.
(c)(i) For a qualifying patient eighteen years of age or older, an authorization expires one year after its issuance. For a qualifying patient less than eighteen years of age, an authorization expires six months after its issuance.

Social Host Laws

Cannabis

Alcohol only 66.44.270 - Learn More
"It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control." The penalties include a fine of up to $5,000 and one year in jail.

Drugs

66.44.270 There is an infraction for smoking/opening cannabis in public. Very rarely enforced. - Learn More
RCW 69.50.445 Learn More
Opening package of or consuming marijuana, useable marijuana, marijuana-infused products, or marijuana concentrates in view of general public or public place—Penalty
(1) It is unlawful to open a package containing marijuana, useable marijuana, marijuana-infused products, or marijuana concentrates, or consume marijuana, useable marijuana, marijuana-infused products, or marijuana concentrates, in view of the general public or in a public place.
(2) For the purposes of this section, "public place" has the same meaning as defined in RCW 66.04.010 Learn More but the exclusions in RCW 66.04.011 Learn More do not apply.
(3) A person who violates this section is guilty of a class 3 civil infraction under chapter 7.80 RCW. Learn More

Penalties for Retailers Who Knowingly Sell to People Under 21

It is a felony to sell any amount to a minor with a prison term of up to 10 years and a $10,000 fine.

Other

No Data Available