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.
32 thoughts on “Wash. state man arrested for having ‘green tongue’”
Arresting a person because his tongue was green…….
My supervisor at work puts on too much black and blue eyeshadow. Does that mean she was beat up?
After sucking on those ring candies I use to give them, my students tongues were green, blue, red, yellow, etc. Does that mean they were doing drugs?
If a woman’s lipstick is a maroon color, does that mean she was doing cocaine?
Really??? These are our policemen hard at work?? Unbelievable!
This makes me wonder just what they are adding to the water in Wash. state when the cops are thinking like that. Is this what they are telling the cops to say or believe or are the cops realy that F`n stupid……….. Yep, I hope this guy sues the pd big time – enough is enough.
Amen to that, Digs.
I tried an experiment today. So far I (with a little help from my friends) 3/4 of an oz of kush. My tongue still isn’t green. Do you have any idea what I’m doing wrong?
3/4 of an oz of kush and you can still type? I want to know what I’m doing wrong….or better yet what I’m doing right.
Extra, extra high tolerance Henry! (and a lot of pain)
Then again I am known to smoke from 6am to well past midnight when on a roll. Other days I pass out by 10pm.
My other option would be oxy’s and then I cannot function. I become a radish!
Ask a silly question.
Them oxy`s are not good for you rhumstruck. You made the right choice with the herb. I have the same prob. you do. The herb is the best for me also.
wish I could rhumstruck, with my budget I cannot even afford dirt weed. The medical ” H” oil is a brewing though buddy. I better shut up now on that one, wish I could say more my freind.
Wow, just when ya’ think you’ve heard or seen it all… perhaps some details are missing from the article. Why anyone would think that a ‘green’ tongue would be evidence of cannabis useage is beyond me. The victim should indeed sue the idiot(s) responsible for this…
It would take a lot of chlorophyll to make a tongue appear to be tinted green, and I highly (no pun intended) doubt that the guy had time to ingest that much in an assumed short time. Maybe the guy just had a shamrock shake from McPukes? Anyone as stupid as the officer apparently is does not belong in any position of authority, and I also would question that person’s competence to live freely in society in general.
There United States has NO delegated authority under the U.S. Constitution to regulate the consumption of whatever substance. Furthermore, the Ninth Article of Amendment fully PROTECTS the people’s choices in that regard. Ergo, neither do the several states have ANY regulatory authority in the matter.
At best, all which a state might lawfully do is to certify unequivocally that one of the people was sufficiently under the influence of whatever substance, such as to create a danger or a hazard to others. But even then, the gross preponderance of the evidence must rely upon either observation, or actual incident. Lacking either, the state has no valid case.
Merely suggesting that there was a suspicion is totally insufficient, as just anyone ~might~ be suspected of anything.
But further to that is this: WHY did Simmons even talk to the police, much less ‘reveal his tongue’?
A citizen possesses the right of refusal to cooperate, especially when the demand is specious, the Fourth Article of Amendment being germane. Would he have dropped his drawers to reveal his privates, had the cop made ~that~ demand? I would HOPE NOT!!!!
Finally, any state which predicates the acquisition of whatever license upon the idea that the citizen surrenders any of his rights, is without validity. Case in point:
“We find it intolerable that one constitutional right should have to be surrendered in order to assert another.”
– Simmons v. U.S.,[390 US 389 (1968)]
In the case you wonder: The right to travel.
The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty…. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which the city may permit or prohibit at will.
Thompson v. Smith, 154 S.E. 579,
“The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived.”
~ Chicago Motor Coach v. Chicago, 169 NE 221.
“The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right tolife, liberty, and the pursuit of happiness.”
~ Thompson v. Smith, 154 SE 579.
“The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.”
~ Kent v. Dulles, 357 US 116, 125.
“The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right.”
~ Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.
You’re all missing the point here. To wit:
“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.”
It’s ALL about the money.
No, you are missing the point, which is that everyone on this site seems to be ripped out of their gourd. 🙂
You have nothing of value to add to the discussion, so you engage in derision?
I will let that slide because you are new here. You might want to look into this site and see who the registered owner is. 🙂
Of course, as all on this site know, it belongs to the American national patriots and we all serve the Republic.
Im kinda new here buuuuuuut damn,I guess Henry(the owner) Shivley,and his close knit band of enlighteners will enlighten you.
And HEY its not nice to tease a man who is out of the good bud.
What Diogenes? LOL. Like Henry said @7:03 below. hahahahaha geeze.
Obviously, the fine art of facetiousness is lost on the man.
Sorry Steve, I didn’t mean for my providence to cause your distress.
And Of-topic a bit, Digger I finally watched that moonshine video you posted a while back. That is hands down the very best video I have ever seen in regards to shine! But some of us like RHUM!
So, here ya go;
instead of the grain use
2 quarts black strap molasses
10 pounds sugar
Otherwise follow that guys instructions.
Good morning there rhumstruck, thanks for the rum version.if I can find it I`ll mail you the original Bacardi recipe
I appreciate your concern, No distress caused just a slight dry spell which is pretty normal this time of yr.where might you be located?
On to the 2nd favorite subject of mine shine & wine(theres a lot of brewing going on around here) and you bring up RhUM and I just happen to make my own molasses What are black strap lasses? (sugar cane grows a lot like corn) and have always wanted to distill it but have not tried yet,maybe this fall .
You are making molasses and don’t know what blackstrap is? Oh son, where do I begin? What you are making is light molasses. You cook the water out of the syrup until you are happy with it and then strain and bottle it, correct?
Well, just cook it again, and maybe even a 3rd time until you are left with a dark nearly solid mass.
We slowley simmer the squeezings( sap from grinding and pressing sugar cane) for at least 24 hours skimming the top (green slimy plant material) until the liquid thickens to stay on a spoon when small sample is cooled, strain thru cheesecloth into qt. jars by the time it has cooled it is “like molasses in the winter time” with a dark amber color and have never seen any reason to recook.
If it has black in it ,it usually means we had a slacker tending the fire and stirring the 50gal. cooking pan letting all that work scorch and burn.I will ask some of the old timers if they know this term, maybe its a location thing I dont know why you would cook it more than once unless it was rushed making it thin.Same with maple syrup ,it takes 24-36 hrs to get the right consistancies.So you know Im an out door self reliant type of semi old man and am asked to “help” skin ,track cut up a lot of farmed and hunted critters and have been doing the molasses thing since a boy watching my grandpa,moved to the city for about half my life but am deep in the hills of W VA today.
The reason for cooking it down is to concentrate the flavor. The molasses you make is for eating and is great stuff! WV, huh? Yup, you should have no problem finding old timers familiar with blackstrap. My ancestors settled in western Virginia in what is now Bath County Kentucky. I still carry on many of the old ways myself.
Yes, but will it give you a green tongue?
You tell me, does eating Boston baked beans turn your tongue green?
Only on St. Patrick’s Day. 🙂
That green tongue is from all that green beer! Ya ain’t kidding anyone!
So, in the years to come, when our grandchildren’s children are grandparents, will the kraken be depicted with a green tongue? Or will the legend die? That is the question.
We the People, the American National’s refuse to let the legend die before it has even graced the (green) tongues of awakening Patriots!
Freedom is Green! 🙂