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DonCoquixote

(13,616 posts)
Fri Jan 3, 2014, 06:53 AM Jan 2014

a question about Cannabis and DUI

If we are going to regulate the stuff like alcohol, then it makes sense that someone driving while intoxicated gets a DUI. The problem is, can you test DUI cannabios the way you can DUI alcohol? There should be a method. On the other hand, when I hear people say they drive better stoned, that causes worry.

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a question about Cannabis and DUI (Original Post) DonCoquixote Jan 2014 OP
Driving while angry or driving while sleepy. safeinOhio Jan 2014 #1
er,yes you do DonCoquixote Jan 2014 #2
OK safeinOhio Jan 2014 #5
actually DonCoquixote Jan 2014 #6
I smoked a little yesterday and I'm not high right now. B Calm Jan 2014 #3
Field sobriety test still applies Major Nikon Jan 2014 #4
Ask subject to stand in place, hold a bag of Doritos 4 feet away MannyGoldstein Jan 2014 #7
Bob's yer uncle Major Nikon Jan 2014 #9
Or have been on a diet for a while... LisaLynne Jan 2014 #17
That would definitely be a problem MannyGoldstein Jan 2014 #18
This is how they can do it vicman Jan 2014 #8
And test strips don't cost a lot. Festivito Jan 2014 #13
Sorry officer, I have cotton mouth. /nt pintobean Jan 2014 #16
how does that prove impairment? uncle ray Jan 2014 #22
Be sure to have candy or gum Politicalboi Mar 2014 #28
I've wondered about the same thing. LuvNewcastle Jan 2014 #10
I don't know how they would field test it gwheezie Jan 2014 #11
ah, but those tests DO test the level. uncle ray Jan 2014 #23
It looks like a blood test is used. Cerridwen Jan 2014 #12
There are tests, but it is expensive Android3.14 Jan 2014 #14
In Montana 5 milligrams per sorefeet Jan 2014 #15
excellent points, soon to be tested in court, we assume. librechik Jan 2014 #20
no snark there, but DonCoquixote Mar 2014 #25
You worry too much Politicalboi Mar 2014 #29
In CO there are swab and breathalyzer tests. Last Fall the leg. determined legal levels. librechik Jan 2014 #19
Maybe all the cops PasadenaTrudy Jan 2014 #21
in Indiana and some other states 2pooped2pop Mar 2014 #24
yep. Phlem Mar 2014 #26
first, have we established the need for monitoring...? mike_c Mar 2014 #27
intoxication is the problem DonCoquixote Mar 2014 #30

safeinOhio

(32,687 posts)
1. Driving while angry or driving while sleepy.
Fri Jan 3, 2014, 06:57 AM
Jan 2014

You get stopped and ticketed for the mistake you make while driving, not for being angry or sleepy.

DonCoquixote

(13,616 posts)
2. er,yes you do
Fri Jan 3, 2014, 06:58 AM
Jan 2014

because sleepy people do not drive well...so if someone is swerving, we wait until he runs into something?

safeinOhio

(32,687 posts)
5. OK
Fri Jan 3, 2014, 07:22 AM
Jan 2014

if they could come up with a test for being sleepy, wouldn't it be alright to arrest someone that is driving normal, no mistakes, for driving while tired? Most folks arrested for impaired driving are pulled over for making a mistake that can be ticketed anyway. I would rather that if one is weaving, crossing the center line or driving in the dark without their lights on, that they get a ticket for the offense and not be allowed to continue driving at the time. I use to drink and smoke and as I remember, the only problem with smoking and driving is that I may have been overly careful when stoned, i.e. driving too slow. Not so much with booze.

 

B Calm

(28,762 posts)
3. I smoked a little yesterday and I'm not high right now.
Fri Jan 3, 2014, 07:00 AM
Jan 2014

But, if I was to be given a drug test right now I would test positive. I'm not sure how they will test it, but I don't think anymore people will be driving stoned than there is right now.

Major Nikon

(36,827 posts)
4. Field sobriety test still applies
Fri Jan 3, 2014, 07:08 AM
Jan 2014

I went to court one time as a witness and I saw a guy who had refused a breathalizer get convicted for a DUI anyway due to the field sobriety test.

 

MannyGoldstein

(34,589 posts)
7. Ask subject to stand in place, hold a bag of Doritos 4 feet away
Fri Jan 3, 2014, 07:44 AM
Jan 2014

If they do a face-plant reaching for the triangles of cheesy golden crunchiness they're assumed to be stoned?

LisaLynne

(14,554 posts)
17. Or have been on a diet for a while...
Fri Jan 3, 2014, 09:06 AM
Jan 2014

not that I've ever done something like that in a moment of weakness....

 

MannyGoldstein

(34,589 posts)
18. That would definitely be a problem
Fri Jan 3, 2014, 11:13 AM
Jan 2014

What if we simultaneously played the bells opening of Pink Floyd's Time? Stoners would freeze with that look on their face until the bells subsided, while dieters would keep going for the chips?

Festivito

(13,452 posts)
13. And test strips don't cost a lot.
Fri Jan 3, 2014, 08:53 AM
Jan 2014

Of course the private prison industry will work to lower all the limits in order for themselves to make more money off their prisons at our country's and countrymen's expense.

uncle ray

(3,156 posts)
22. how does that prove impairment?
Fri Jan 3, 2014, 12:01 PM
Jan 2014

we are, after all, talking about a legal substance, at least in my state.

 

Politicalboi

(15,189 posts)
28. Be sure to have candy or gum
Thu Mar 6, 2014, 03:11 PM
Mar 2014

Or breath strips, or lemon juice to screw up the results of a saliva test.

LuvNewcastle

(16,846 posts)
10. I've wondered about the same thing.
Fri Jan 3, 2014, 07:51 AM
Jan 2014

There isn't any method to check if someone is high or stoned scientifically, as far as I know. There isn't any machine the cops could use that would be comparable to a breathalizer. If a person passes the field sobriety test, it doesn't seem like the cops would have grounds to arrest somebody for DUI. The most they could do is prevent them from driving anymore that day/night.

But let's say someone fails the FST and the cops take them for a blood test to determine if they're intoxicated. Would the test be able to show that their THC level was especially elevated at the time? I mean, how would the test determine if the driver had just smoked a joint before driving or if they smoked it the day before? I'll bet this vexes the hell out of law enforcement. Just think how much money they'll lose if people stop drinking and driving and start smoking pot!

gwheezie

(3,580 posts)
11. I don't know how they would field test it
Fri Jan 3, 2014, 08:36 AM
Jan 2014

We run drug tests on our patients and new employees,it's the common drug screen used that is accepted in court, they don't test the level of drug in the system, I don't see how anyone could test the level of thc in someone's system or when they used, just if it's present. And I don't know any test used in the field that tests for thc, it is urine or blood test.
I will admit that once I thought I drove better after dropping acid, that was 40 years ago so I lived to tell the tale but in my experience there's no telling what irrational decisions folks will make.

uncle ray

(3,156 posts)
23. ah, but those tests DO test the level.
Fri Jan 3, 2014, 12:19 PM
Jan 2014

they simply state whether a user has more or less that the threshold determined in the test kit, IIRC typically 5ng for typical pre-employment tests. you can specify the level desired. part of the problem is the typically used level means little because it is one that was established to determine presence of THC, which doesn't work when it is legal to use. a test needs to prove impairment, because THC does not affect all users the same, hence the original question.

Cerridwen

(13,258 posts)
12. It looks like a blood test is used.
Fri Jan 3, 2014, 08:48 AM
Jan 2014

There's a FAQ up at a state government website specific to the new marijuana laws.

Is there a DUI-like equivalent for driving under the influence of marijuana?

Answer - Yes. It is illegal to drive under the influence of marijuana and it can result in a DUI, just like alcohol. Anyone with 5 nanograms or more of delta 9-tetrahydrocannabinol (known as THC) per milliliter in whole blood (CRS 42-4-1301) while driving can be arrested for DUI. The consequences of DUI is dependent on the driver but they can include fines, jail time and a revoked license.






 

Android3.14

(5,402 posts)
14. There are tests, but it is expensive
Fri Jan 3, 2014, 08:53 AM
Jan 2014

Most police departments in rural towns and probably most larger cities simply cannot afford the test. As this becomes a more widespread issue, the cost of the blood test will come down, I bet.
The first breathalyzer machines were expensive as well.

sorefeet

(1,241 posts)
15. In Montana 5 milligrams per
Fri Jan 3, 2014, 08:55 AM
Jan 2014

whatever is considered impaired. THEY DON'T HAVE A CLUE. I have 200 milligrams in me right now, I just got out of bed and haven't smoked anything. And I am not stoned. AND WHEN I SMOKE MY MORNING BOWL AND HAVE A CUP OF DECAF I STILL WON'T BE IMPAIRED. This is going to get interesting. People who know absolutely nothing about marijuana are trying to make laws. Those laws are needed to keep the prisons full, one way or another. I have smoked for 46 years and I dare anyone to prove I am impaired. The police are impaired with IGNORANCE.

librechik

(30,674 posts)
20. excellent points, soon to be tested in court, we assume.
Fri Jan 3, 2014, 11:19 AM
Jan 2014

In CO they just spitballed legal levels and ignored the issue of how long mj stays in the system.

Your las point is what our struggle as liberals is all about. That kind of capitalism must be stopped; it's just a crime.

DonCoquixote

(13,616 posts)
25. no snark there, but
Thu Mar 6, 2014, 02:50 PM
Mar 2014

Last edited Thu Mar 6, 2014, 05:38 PM - Edit history (1)

have you considered two things;

One, just like some people have a tolerance for alcohol, you may have a higher tolerance for cannabis?

Two: How do you know you won't be impaired? At best, you are gambling that you are not, and I would not want to bet someone's life on a gamble.

 

Politicalboi

(15,189 posts)
29. You worry too much
Thu Mar 6, 2014, 03:15 PM
Mar 2014

Pot is NOT as strong as it used to be. Back in the day, you could look at someone and tell they were high. Today, it's not possible.

librechik

(30,674 posts)
19. In CO there are swab and breathalyzer tests. Last Fall the leg. determined legal levels.
Fri Jan 3, 2014, 11:16 AM
Jan 2014

Yet to be tested by Supremes--that will be fun.

 

2pooped2pop

(5,420 posts)
24. in Indiana and some other states
Thu Mar 6, 2014, 10:36 AM
Mar 2014

If they blood test you and marijuana is in your system, even from a month ago, not active, it's still a dui.

Now that is fucked up.

mike_c

(36,281 posts)
27. first, have we established the need for monitoring...?
Thu Mar 6, 2014, 03:06 PM
Mar 2014

DUI is criminal BECAUSE it causes demonstrable harm. It's not outlawed because folks sat around a table-- or a discussion forum-- and thought to themselves "we can only have legal alcohol sales if we can monitor and regulate driving under the influence." That might sound elementary, but it is important: DUI laws are enacted in response to a real problem. They're enacted because people driving drunk cause massive mayhem, death, and destruction.

So first question, is this also a problem with cannabis consumption? How many highway deaths and injuries are attributed to cannibis intoxication annually?

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