Seattle court posts final Delta-9 THC testing order

Seattle Municipal Court’s en banc panel issued a final order July 21 concerning Delta-9 THC testing and analysis in criminal cases, a ruling that could affect pending or joined cases involving blood-test evidence.

The three-judge panel included Catherine McDowall, Andrea Chin and Damon Shadid. The court identified the matter as an en banc issue of citywide significance under Seattle Municipal Court Local Rule 8.2.4.

What the proceeding addressed

The case involved two related questions: whether defendants were entitled to a Frye hearing, which tests whether scientific evidence is generally accepted, and whether Delta-9 THC test results were sufficiently reliable for admission regardless of how the Frye issue was handled.

Seattle Municipal Court posted a public notice about the final order July 28. The court’s public summary identifies the order and the panel but does not state whether the test results were admitted, excluded or subject to another remedy. It also does not identify the number of affected defendants or cases, or explain whether the order applies prospectively, retrospectively or only to particular joined cases.

The July 28 notice is the next documented action after the July 21 order. The ruling’s practical effect on criminal cases cannot be determined from the court’s public summary alone.