TakeAStepBack
Gold Member
- Mar 29, 2011
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but driving and buying it from some place other than a dispensary are still illegal right?....The real problem is that they are driving around. There were some before but now there are many more with state approval and pot makes you think you are smarter than you are. We have the same issue here, one good thing though, the greedy tax collectors aren't raking in the income like they thought they would because its' much cheaper to buy it illegally.
It is illegal to smoke and drive but they're finding it difficult to prove when a driver smoked most recently. Alcohol use can be determined with a certain amount of pinpoint accuracy but pot remains in fat cells and hair follicles for a long period of time so it's hard to know if someone smoked weed today or a week ago (speaking in terms of regular or chronic users).
Current Drug testing usually only looks for residuals, which cannot prove impairment. Your blood concentration of alcohol can be easily correlated to your breath concentration due to the volatility and ease of lung transfer of ethanol. THC is a far larger molecule, and I don't think a breath/blood concentration relation can be established.
A simple blood test is what is needed, as well as the empirical data to establish an "impaired" limit. I'm sure this research has been done, but the question is if it is mature enough to be made part of criminal law.
A blood test doesn't measure impairment. To date, there is no test that can measure the impairment of an individual under the influence of THC. The only effective counter to this is show of actual impairment (like swerving, driving too slow/fast) and then following that up with a field test.
Once the states do test like they do for alcohol, it will be based ff some completely arbitrary ruling on levels - intoxicated. That part is for sure.
A blood test measures concentration, and those concentrations are empirically researched to give a concentration where "impairment" is legally determined.
This requires research, i.e., getting people stoned, making them do tasks and figuring out at which point to call a person impaired. tack on a safety factor and you get something very similar to what we have now when it comes to blood alcohol content, and what is considered impairment.
What you have to watch out for is what we have now with alcohol, where the DWI line is being driven down not by science and research, but by political action.
It's already been done. The THC only stays int eh blood stream for a few hours before turning into metabolites in several forms. Blood tests are already of use in some states for check points and accidents where impairment is reasonably established. The problem is it STILL doesn't necessarily establish impairment. That is going to be, and is based entirely of arbitrary guidelines.