City of Kent v. Cobb | Is 5 ng. Arbitrary?

The Washington Supreme Court is sending Kent v Cobb back to Division I to examine Due Process and whether the I-502 statute violates constitutional rights because it fails to ·provide notice that conduct was unlawful when courts applied and interpreted it in an arbitrary manner. “…a person cannot know when his conduct passes from lawful driving after consuming a small amount of THC to unlawful driving with 5.0 ng/ml or more THC.” The court goes on to say, that “a person could unforeseeably run afoul of a law because of its unfairness, arbitrariness, or capriciousness.” No shortage of cannabis patients shouting this since the passage of I-502. We will keep you posted on how Division I responds.

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