TNHarley
Diamond Member
- Sep 27, 2012
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You are correct. Thank youApples and oranges. There's a scientifically accepted methodology for determining the rate of metabolism for alcohol from the time of consumption, such that if a person tests 0.08 or above BAL, it can be determined whether the person was considered legally intoxicated at the time an accident or traffic stop occurred.
The same cannot be said for THC. Someone can test positive for THC metabolites, but because it is fat soluble, and metabolites can remain present for more than a week, there is no way to reliably determine whether the person injested a THC containing substance hours ago or days ago, and hence no way to determine whether the person was under the influence of THC at the time of an accident or traffic stop. That's why THC positive tests are generally inadmissible in civil cases involving motor vehicle collisions.