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Mike Simmons was arrested for supposedly having a green film on his tongue. [Q13 FOX News]

Mike Simmons was arrested for supposedly having a green film on his tongue.
[Q13 FOX News]

Marijuana’s now legal in Washington state, at least if you’re 21 and it’s less than an ounce. But along with legalization, approved by voters as I-502, came a new DUI-cannabis law that seems to have some cops pretty fired up about taking potheads from behind the wheel.

Now, police in Kent, Washington have arrested a Puyallup man because the cop who pulled him over claimed he had a green film on his tongue, reports John Hopperstad at Q13 FOX News. Matt Simmons, 31, said on Tuesday that he was jailed for 13 hours.

Now with towing and attorney fees, Simmons — who has no criminal record — said he’s out $5,000 and he’s not allowed to drive while he’s out on bail — and he says he hadn’t even smoked pot since three days before.

“As soon as the officer came to the vehicle, he asked me to stick out my tongue,” Simmons said. He found that request somewhat unusual, but soon found out it was because he was suspected of driving under the influence of marijuana.

The officer told him there was a green film on his tongue. The cop, who hasn’t been identified, claimed this was a sure sign that someone had been smoking marijuana.

While Simmons admitted he’d gotten high three days before, he said when he got stopped he was on lunch break from work, and was completely sober.

“There was nothing in the car, so I don’t know what kind of evidence he had based on just a green film on my tongue,” Simmons said.

As mentioned before, the same law that made limited possession of marijuana limited in Washington also made it a crime to drive with a blood THC level more than five nanograms per milliliter (5 ng/ml).

Simmons refused to give a blood sample without a lawyer present. He was then arrested and taken to jail, where he stayed 13 hours.

Simmons said he wasn’t high, didn’t smoke pot that day, and he’s going to fight the charges.

He said he has a lawyer, and may sue the Kent Police Department.