Police in Kent, Washington recently arrested Mike Simmons for allegedly driving under the influence of marijuana because he had a green tongue (video below).
“As soon as the officer came to the vehicle, he asked me to stick out my tongue,” Simmons told Q13 Fox.
Simmons claimed that the police officer told him that the green film on his tongue was a sign that he was using marijuana.
Simmons admitted to using marijuana three days earlier, but was sober during the incident.
Despite nothing being found in Simmons car, the police officer claimed his green tongue was probable cause.
Simmons denied the police’s request for a blood sample and said he wanted a lawyer present for the blood draw.
Under Washington State’s new marijuana legalization law, a driver can’t have more than 5 nanograms of THC in their blood.
Simmons said he was put in jail Tuesday for 13 hours and is now in debt $5,000 for lawyers and towing fees. Simmons has also been told he cannot drive while out on bail.
“I just feel like the system they have is unfair,” said Simmons, who may sue the Kent, Washington Police Department
"We find no case stating that recent marijuana usage leads to a green tongue," said Washington state criminal defense lawyer Steve Graham. "The only case we could find that remotely supports such a proposition is State v. Baity, (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."
Source: Q13 Fox