Washington State tokers will soon have to clear their cars of exposed marijuana or suffer the consequences under the new open container law.

With legal use of recreational marijuana comes new laws that govern its accessibility in Washington State. Drivers will soon be required to remove their roaches, joints, baggies of bud or open packages of marijuana-infused edibles from their vehicles.

A new state law bans open containers of marijuana in vehicles beginning September 26, 2015. House Bill 1276 will update the state's current open container laws for vehicles to include marijuana. The law requires, like alcohol, that those carrying marijuana in their car must keep it,

The Washington Traffic Safety Commission advocated the addition of the new section so that the state’s rules governing marijuana were similar to those for alcohol. Under state law, open, unsealed or partially consumed containers of alcohol are already prohibited in the cabin of a vehicle.

Initiative 502, which was approved by voters in 2012 to legalize the use of recreational marijuana in Washington, instituted a legal limit for how much active THC, the psychoactive ingredient in marijuana, can be in a person’s bloodstream while driving. What the law failed to do was clearly prohibit drivers or their passengers from smoking or ingesting marijuana while operating a vehicle and it failed to set restrictions on transporting open containers of marijuana in cars.

Additionally, the law also reinstates the Department of Licensing’s ability to automatically suspend a person’s driver's license for 90 days or more if they are caught driving with a blood content of at least “5 nanograms of active THC per milliliter”.

The following are a few highlights from the new open container marijuana law. It is a traffic infraction if:

1. The registered owner or driver of a motor vehicle and passengers in the vehicle, to keep marijuana in a motor vehicle when the vehicle is on the highway, unless:
    
   • it is in the trunk of the vehicle
   • in some other area of the vehicle not normally occupied or directly accessible by the driver or passengers if the vehicle does not have a  trunk
   • in a package, container, or receptacle that has not been opened or the seal broken or contents partially removed
      
2. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers
3. To consume marijuana in any manner including, but not limited to, smoking or ingesting in a motor vehicle when the vehicle is on a public highway
4. To place marijuana in a container specifically labeled by the manufacturer of the container as containing a nonmarijuana substance.

Know Your Rights about Marijuana, DUI and Open Container Law in Washington State

The expert defense lawyers at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing drug and alcohol charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!