New law for testing authenticity of pot is more complicated

EVERETT — Sure, marijuana is legal now, for the most part.

However, enough criminal cases still involve the drug that the Washington State Patrol has increased the number of scientists with special training needed to analyze its chemical compounds, from one to seven. None of them work at the lab in Snohomish County.

Before legalization, any Snohomish County police department could do a quick field test to scientifically confirm that seized plant materials were, in fact, marijuana. That step is required for prosecution. That so-called “leaf test” was standard since the 1970s, said George Johnston, a manager for the state crime laboratory.

The new marijuana laws require that any sample submitted as evidence in a criminal case go through laboratory testing to determine the level of tetrahydrocannabinol, or THC. That applies to every marijuana prosecution for adults, including cases of large grows and trafficking. The state crime lab didn’t add staff, but trained existing personnel on THC-level testing. Juvenile cases only require proof of THC, not the exact level.

The Snohomish County Prosecutor’s Office says that adult marijuana cases have been a low priority for years. Exceptions include driving under the influence and certain felony offenses when there is believed to be a danger to the public, such as someone selling pot to kids.

The THC testing of marijuana leaves is separate from the blood toxicology tests needed for DUI cases. The number of blood samples tested also has increased, though, officials said.

Three of the State Patrol’s labs, in Seattle, Spokane and Vancouver, are equipped with the instrument needed for THC-level testing. Each instrument cost more than $100,000.

“The way Washington wrote the law, it has forced us to change how we do the testing for marijuana,” said David Northrop, a materials analysis supervisor at the Marysville lab. “It’s caused a lot of headaches to be honest.”

Before legalization, a marijuana leaf test could be turned around in less than a day. Now a rushed case, say, one going to trial, might get a two-week turnaround in the lab, and other samples could take 30 days, said Gene Lawrence, the Marysville lab manager.

The Marysville lab sees up to 1,800 samples of illegal drugs a year, and marijuana has become a much smaller portion of that in recent years, Lawrence said.

Since legalization, more than 2,100 marijuana samples have been submitted for THC testing statewide, but the majority of seized drug samples these days are heroin and methamphetamine.

“We’re seeing far fewer marijuana cases at this point,” Lawrence said. Regardless of the changes in scientific testing, the State Patrol continues to warn the public of the dangers of driving under the influence of marijuana. Most DUIs involving marijuana, statewide and in Snohomish County, also included alcohol as a factor.

“They add together to increase the impairment,” said Lt. Rob Sharpe, who oversees the impaired driving section.

“They’re definitely both bad when it comes to driving.”

Rikki King: 425-339-3449; rking@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Janet Garcia walks into the courtroom for her arraignment at the Snohomish County Courthouse on Monday, April 22, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Everett mother found competent to stand trial in stabbing death of 4-year-old son

A year after her arraignment, Janet Garcia appeared in court Wednesday for a competency hearing in the death of her son, Ariel Garcia.

Everett council member to retire at end of term

Liz Vogeli’s retirement from the council opens up the race in the November election for Everett’s District 4 seat.

Washington State Department of Commerce Director Joe Nguyễn speaks during the Economic Alliance Snohomish County’s Annual Meeting and Awards events on Tuesday, April 22, 2025 in Tulalip, Washington. (Olivia Vanni / The Herald)
Commerce boss: How Washington state can make it easier for small businesses

Joe Nguyen made the remarks Wednesday during the annual meeting of the Economic Alliance Snohomish County and the Snohomish County Awards

LifeWise local co-directors Darcie Hammer and Sarah Sweeny talk about what a typical classroom routine looks like on Monday, April 14, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett off-campus Bible program draws mixed reaction from parents

The weekly optional program, LifeWise Academy, takes children out of public school during the day for religious lessons.

An EcoRemedy employee checks a control panel of their equipment at the Edmonds Wastewater Treatment Plant on Thursday, April 17, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds launches technology to destroy PFAS

Edmonds is the first city in the country to implement… Continue reading

Mary Ann Karber, 101, spins the wheel during Wheel of Forunte at Washington Oakes on Tuesday, April 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Lunch and Wheel of Fortune with some Everett swinging seniors

She’s 101 and he’s 76. At Washington Oakes, fun and friendship are on the menu.

Anna Marie Laurence speaks to the Everett Public Schools Board of Directors on Thursday, May 1, 2025 in Everett, Washington. (Will Geschke / The Herald)
Everett school board selects former prosecutor to fill vacancy

Anna Marie Laurence will fill the seat left vacant after Caroline Mason resigned on March 11.

Photo courtesy of Legislative Support Services
Gov. Bob Ferguson speaks to lawmakers and other officials at the state Capitol on Jan. 15 during his inaugural address. Throughout the legislative session, Ferguson indicated he would support legislation to cap rent increases, but he never voiced public support for the bill.
Behind the scenes, Ferguson backed bill to cap rent increases for months

The governor finally voiced support publicly for the legislation on Wednesday after a lawmaker shared information about his views.

Snohomish County officials holds a press conference outside of the new Snohomish County 911 building on Wednesday, April 30, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County police scanners to go dark to the public on May 6

The change is part of a $72 million emergency radio system overhaul that officials say will improve coverage, safety and reliability.

Linda Redmon
Snohomish State of City set for Saturday

The event will also benefit the local food bank.

The Edmonds School Board discusses budget cuts during a school board meeting on Tuesday, April 15, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds school board approves potential staff cuts, eyes legislation

The district is awaiting action from Gov. Bob Ferguson on three bills that could bridge its $8.5 million deficit.

Everett
Suspect captured in Everett after fleeing Marysville police traffic stop

Police closed 41st Street for a time after stopping the vehicle on Tuesday.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.