you could always get a dui for smoking. before medical, after medical, before recreational, and now of course after.
the only difference now is i believe the WA authorities have created some sort of ppm scale or something like that that can somewhat reasonably detect the saturation of thc in the blood. i am somewhat dubious.
a dui for smoking never was a misdemeanor $100 ticket. its cuffs and a free ride, diversion, etc. unfortunately i know from experience (although OR)
Back in the day...the 70's before the war on drugs....possession of less than an ounce of weed was $100 misdemeanor ticket/citation, no jail, no booking, just pay the ticket....in NEBRASKA. And there was no highness issue.
Funny story, out partying with some buds, driving around. Get pulled over...don't remember for what...probably for being longhairs. PD make us empty our pockets, bags, pipe, joints and a couple of sugar cubes (that get unwrapped)
out on the hood of the cruiser. So PD is standing around discussing what to do and one of the buds grabs the cubes and eats them. PD trys to make him spit them out...gone. So they haul all of us to jail, we go to general holding and the guy who ate the cubes goes to isolation/observation holding tank. Well the guy in the isolation sits there, is quiet, looks around and hangs. About 2 hours later, since none of us have been a problem or acting weird...they cut all of us loose. We all get a $100 ticket, call a friend to come pick us up. And the guy that ate the cubes is tripping his balls off and just smiling as we left booking.
I'm not advocating either side...just pointing out it is potentially a very bad law for folks who partake.
Also "reasonable cause" is a joke and is almost never argued at hearing...I think reasonable cause and due process ought to be but us poor bastards don't have the cash for a good attorney...and I can only imagine that an attorney would not try to win a case on the lack of "reasonable cause"