Illogical Cannabis Drugged Driving Laws
This law that we have in my state is so retarded.
Per current law, you can be charged with a DUI-D if there is THC or THC metabolites in the blood, along with other Schedule 1 substances/metabolites in the blood.
The THC threshold is 1 ng/ml which is absolutely ridiculous. If it is at or above 1 ng/ml, it can be used as evidence against you and the prosecutor doesn't need to prove that you were impaired as long as that threshold is met or exceeded. The drugged driving penalties are much harsher than the DUI of alcohol penalties.
Remember that THC metabolites can stay in your blood for up to a month, and not just a few hours as some misinformation out there states.
So essentially this law means the state is going to arrest and prosecute you for not even being under the influence or truly impaired because of federal law.
In my state, only medical cannabis is legal yet you are not exempt from these draconian outdated drugged driving laws. Makes absolutely no sense.
The only good news is that the DUI procedures are actually very strict and have to be followed to the letter. So if you have a good DUI lawyer and your lawyer can prove to the jury that the cop didn't follow procedure, your case can be thrown out.
Comments
Agree with everything (other than the R word). I would move or lobby.
The best way to not get tested for thc by cops is not to drive with cannabis or other illegal substances in your vehicle. Don't drive high or smelling like pot. To people who don't smoke, ie cops, weed smells strong af. Smoke at home, dont carry your stash with you when you're driving, change clothes and wash your hands after smoking and before driving. Besides getting busted for dui, it's easy to get distracted or make mistakes when driving high, at least for me so I enjoy that shit at home. Dont kill an innocent person because you like driving high. (Not directed at the op, op was making a different point but still...) Also don't wear tshirts with pot leaves on them or have pot leaf stickers on your car. Don't be a dipshit and dont look like a pothead and the cops wont have a reason to test you.
@jjtn276 Oh I agree that having weed in your car isn't very smart, let alone driving high. However for some people there is no other option than to meet the dealer himself.......generally via driving to and fro.
It just really depends on why the cop stopped you that will determine if they want to procede with a DUI investigation.
In truth its really stupid and the most common shit that gets you pulled over like speeding, not wearing your seatbelt, not coming to a complete stop, no turn signal, tinted windows, expired tags/inspection, etc.
But got red eyes because you're tired? Hands shaking because you are nervous? Mixing up words or dry mouth because you are nervous? All tell tale signs.
Remember though when the cop tells you to get out of the car, that cop has already determined that you are impaired and is just collecting evidence to use against you at that point.
This is why you NEVER do sobriety tests nor breathalizers. The breathalyzer can be flawed. Best just to do a blood test.
You really don't understand how much a cop can lie and get away with. Jurors generally always take the cop's word.
That is a good point, some people have to take it home at least. If you have to have it in the car, theres an ex cop on YouTube named Barry Cooper who has a great series on how not to get in trouble when transporting personal stashes. Its called Never Get Busted Again with Barry Cooper its been very helpful to me at least
I always transport my stash via mail
One of the big arguments for using medicine man is that you do not have to drive with it in the car. Well unless you have a PO Box...
What if your car is the mail truck @Sixwaychili
I doubt the driver is responsible for all the illegal products in the boxes they are delivering. Or was that a rhetorical question? lol