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| photo credit: Q13 Fox |
Activist Post
Kent police have arrested a Puyallup man for supposedly driving under the influence of marijuana, based on the fact that the man's tongue appeared to have a 'green film.'
“As soon as the officer came to the vehicle, he asked me to stick out my tongue,” said Simmons to Q13 Fox.
31-year-old Mike Simmons, who has no criminal record, said he was put in jail Tuesday for 13 hours and is now in debt $5,000 for fee's including lawyers and towing due to the incident. He has also been told he can not drive while out on bail.
Simmons said that the officer told him that the green film on his tongue was a sign that he was using marijuana. Simmons said he had used marijuana three days prior, but was completely sober during the incident, while on his lunch break.
Despite nothing being found in Simmons car, the police claimed the tongue was probable cause. Simmons denied the police's request for a blood sample stating that he wanted a lawyer present for the blood draw. Under Washington state's newly established marijuana legalization, the law dictates that a driver can't have more than 5 nanograms of THC in their blood.
“I just feel like the system they have is unfair,” said Simmons.
Washington state criminal defense lawyer Steve Graham, who has dealt with such claims before said, "we find no case stating that recent marijuana usage leads to a green tongue. The only case we could find that remotely supports such a proposition is State v. Baity, 140 Wn.2d 1, 991 P.2d 1151 (2000), wherein the opinion’s fact section mentions that the defendant, who had admitted to recent marijuana usage, also had a green tongue. Beyond this observation, however, the court never analyzes whether the green tongue and the recent marijuana usage are linked."
Simmons says he may also sue the Kent Police Department.
Just last year Washington's newly-elected Governor Jay Inslee met with U.S. Attorney General Eric Holder to discuss Washington's new marijuana legalization policies, including the controversial DUI provision.
At this time it appears the federal government may attempt to stop Washington and Colorado from moving foward based on comment's made by Gil Kerlikowske, President Obama’s Director of the Office of National Drug Control Policy.
See more here at The Examiner and check out Mikael's other articles.
Mikael Thalen is a political activist and a self proclaimed history buff and current events junkie. He prides himself on being non partisan and standing up for fiscal responsibility and personal liberty in government.
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10 comments:
thats crazy, i was pulled over on camano island( WA state) a few years ago, and they pulled the same green tongue crap on me, needless to say, after i was done lmao, and rofl after he said it, i was promptly arrested and booked.
Need to always carry green candy to start chewing when pulled over.
Wow, pretty excessive.
But on the upside, he can legally own a gun (or ten guns) so he is still free!
gee, i don't know of ANY candy that would leave ones tongue green! (rolling my eyes)
Further proof of Agenda 21: The officer was hired from the bottom of the gene pool. He and his superiors should immediately be informed that they are idiots, and as such, unworthy of being public servants and stewards.
ULTAMAROON!
The lunatics really are running the asylum.
You were arrested? GOOD! Now you have a cause of action. I know it's ridiculous, but you need to take this as far as possible. YOU can set a precedent here. Don't settle, don't plead. Appeal, appeal, appeal!
"5 nanograms"? Gee, that sounds dangerous. Why not just give him life at the nearest "for profit" prison?
Now I know where a lot of those high school bullies go after graduating. Politics and "public safety."
I've used cannibis 40 years and counting, and if it ever left my tongue green, I'da thown the crap away, as it ain't weed I'd want to smoke. Speaking of...
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