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"Smoke on the Water" - New BUI Changes Afloat

Posted Monday, June 17, 2013 by Andrew Charles Huff

The rock band Deep Purple in their classic hit wrote about making records on Lake Geneva before someone burned the place to the ground. Guitarist Ritchie Blackmore’s infectious and highly-recognizable riff can stir up even the remotest party animal deep within us all.

However, those who desire to light up a “fatty” and navigate our seas take heed…being under the influence of marijuana is still illegal if you operate a vessel, despite being newly legal. Boaters in our state can face criminal charges if their ability to operate a vessel is impaired by pot, similar to alcohol.

Washington’s new law legalizing the recreational use of marijuana allows folks to light up their joints, puff their pipes and inhale their weed without fear of arrest, with some restraints of course. For example, a person cannot smoke in public and can only possess under a specific amount. And while I-502 decriminalizes pot, boaters enjoying our states lakes, rivers and Sound while under the influence of drugs including marijuana can still face the same penalties of operating a vessel under the influence of alcohol.

The changes essentially reflect the language found in I-502 by adding “marijuana” to RCW 79A.60.040, the Boating Under the Influence law. Boaters are now prohibited from having a “THC concentration of 5.00 or higher as shown by analysis of the person’s blood made under RCW 46.61.506” within two hours of operating a boat. Although it has always been illegal under state law to operate a vessel while under the influence of any drug and alcohol, these recent changes specify the “per se” amount of marijuana a person is prohibited from having in their system while boating, analogous to a .08 amount of alcohol.Other changes to the BUI laws include what is referred to as “implied consent,” which essentially penalizes a boater arrested for BUI if they refuse either a breath test for alcohol or a blood test for drugs including marijuana. Under existing law, a boater suspected of BUI could refuse a breath test without any penalty if arrested for BUI. Unlike a driving a car under the influence, where a person faces a near-certain driver’s license revocation if they refuse a breath test, no similar consequence existed if a suspected of boating under the influence refused a breath or blood test. Until now, that is. The new law adds what is called “implied consent” language to RCW 79A.60.040, which provides that anyone operating a vessel on Washington waters is deemed to have consented to having their breath or blood tested for alcohol, marijuana or other substances. The law enforces “implied consent” by mandating anyone suspected of BUI who refuses a breath or blood test will be guilty of a Class 1 civil infraction, and subject to a monetary penalty of $1,000.

Those seafarers enjoying too much of the “green veggie matter” will also face stiffer penalties if convicted of BUI. The new law increases both the maximum jail time and maximum fines by changing the classification, or type, of misdemeanor for a BUI. Previously, a BUI charge was a “simple” misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. The new law now classifies BUI as a “gross” misdemeanor, carrying maximum penalties of 364 days in jail and a $5,000 fine. These new changes to the law go into effect July 28, 2013.

So to all my mariner colleagues who might choose to inhale, take heed that too much can be costly. And when enjoying our wonderful waterways, always be careful, and have fun.

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