AZ Appeals Court Says Traces of Inactive THC Qualify for DUI
Source: Examiner
Arizona's Court of Appeals ruled yesterday that drivers found to have traces of THC can be subject for a DUI arrest. The ruling overturns two earlier dismissals by Maricopa County judges.
The case, Montgomery vs Harris, stems from a 2010 traffic stop in Maricopa County for speeding and driving in an unsafe manner. The driver, Hrach Shilgevorkyan, agreed to a blood test that revealed traces of carboxy-THC, which appears after marijuana has been broken down in the system and is no longer active. There was no evidence of hydroxy-THC, which enters the body soon after using marijuana and can cause impaired driving.
Carboxy-THC, which can stay in the body for weeks after exposure to marijuana, does not affect normal capabilities. But its presence in Shilgevorkyan was enough for a DUI arrest.
Read more: http://www.examiner.com/article/az-appeals-court-says-traces-of-inactive-thc-qualify-for-dui
Wow, unbelievable. I am pretty much speechless
defacto7
(13,485 posts)They are just nuts.
Isn't dogma just stupid?
think
(11,641 posts)Dogma was a great movie!
Comrade Grumpy
(13,184 posts)In its opinion, the appeals court agreed that drivers with the inert metabolites weren't impaired, but still ruled that they can be charged. This is another bizarre Alice-in-Wonderland ruling like the Supreme Court ruling a drug dog sniff was not a search. Just more evidence of what drugs can do to some minds.
This case will be appealed to the state Supreme Court.
In_The_Wind
(72,300 posts)villager
(26,001 posts)...in the country.
These are the assholes who installed speed cameras on an interstate!
PufPuf23
(8,785 posts)You are not intoxicated but we are going to arrest for DUI anyway.
Why isn't wreckless driving or speeding enough?
But then why should one expect courts to make logical sense as it does not appear to be an attribute of our dysfunctional legal system?
HereSince1628
(36,063 posts)It'd be interesting to know if Maricopa Co. bothers reporting those to NICS
Missing reports for conviction of use of banned substances is one of the largest holes in NICS (the national instant check system).
felix_numinous
(5,198 posts)cannot drive? There are so many conflicting messages out there.
Bjorn Against
(12,041 posts)It is sad because I know there are a lot of decent people down there, but the people in charge are so batshit crazy that I just can't consider giving their state my tourism dollars until Joe Arpaio and his goons are reigned in. Apologies to the good people of Arizona, but your government is driving people away from the state.
cstanleytech
(26,293 posts)really it calls into question a large % of the population of the state as well.
Bjorn Against
(12,041 posts)I think Arizona is going to go blue in the near future, but right now their crazies have a stranglehold on their government. I know that a time will come when the good people of Arizona will vote the crazies out of office and then I will vacation there, until that happens however I am staying out of the state because I don't want to be anywhere near a state that would allow Joe Arpaio to run his police state.
cstanleytech
(26,293 posts)considering all the gerrymandering they have done to suppress any potential opposition.
atreides1
(16,079 posts)What you say is true, there are a lot of good people...unfortunately the batshit crazy people are in charge, and will remain in charge!
If Arizona goes blue, it'll happen right before the Second Coming...
frylock
(34,825 posts)i'm saying that while I have family in AZ.
TM99
(8,352 posts)Yes, there are good men and women. Yes, some are even Republicans though most are in fact Democrats. The problem is that there are not enough to counter those that are scared, bigoted, small-minded, zealously religious, and in charge.
Arizona will not be going blue any time soon.
My partner and I will be leaving as soon as my health is better and our finances allow us. I have lived here over 20 years, and it has gotten worse, not better.
frylock
(34,825 posts)it's a shame, because it is such a beautiful state. i'd love to take my adventure bike and spend a week just touring the canyon and other areas, but under the current circumstances, I don't think that will ever happen.
TM99
(8,352 posts)Yes, it is a beautiful state. The desert really is indescribable unless you have experienced it, especially at night.
I love the area around Tucson with several mountain ranges to explore. I love Flagstaff as well and have spent much time hiking the Peaks and enjoying the Canyon.
Frankly, it is fine to visit. It just really sucks to live here.
Hard Assets
(274 posts)that you could hike very easily. Full of saguno cactus.
(Lived in Tucson from '01-02)
TM99
(8,352 posts)Mt. Lemon. At its base are lots of saguaro's. As you rise in elevation, there are pine trees. At the top is a small town with skiing when they get snow at that height.
Just north of Tucson off of Oracle is Catalina State Park and further east is Sabino Canyon. All three are just beautiful to hike and explore in.
W T F
(1,147 posts)The Pharmaceutical companies aren't going to put up with that.
etherealtruth
(22,165 posts)Metabolites and traces from drugs like opiates clear fairly quickly from a persons body ... marijuana , on the other hand, will be present in urine for significant amounts of time (especially in regular users).
Politicalboi
(15,189 posts)Is pull over people who just visited a Med shop and pull them over for NOTHING. Then claim they smell MJ do a test, and haul them off to jail. I will NEVER go to AZ again.
In_The_Wind
(72,300 posts)SamKnause
(13,107 posts)It seems politicians and judges want the entire U.S. population to be incarcerated. (excluding the 1%)
Maybe it is the only jobs plan they are interested in.
Chakab
(1,727 posts)Jesus Christ. The insanity from courts never stops.
I've got to get out of this county.
calimary
(81,304 posts)Glad you're here. Scary, isn't it? I can't believe how far some of these extremists are willing to push it.
Chakab
(1,727 posts)for about five years. I'm more of a lurker. I've been reading the message board since the aftermath of the '04 election.
calimary
(81,304 posts)blkmusclmachine
(16,149 posts)Welcome to the Police State, folks.
meeshrox
(671 posts)City Lights
(25,171 posts)I lived there for five years and will never go back. I met some great people there, but sadly they are outnumbered by idiots.
LittleGirl
(8,287 posts)o.m.g.
bemildred
(90,061 posts)Uben
(7,719 posts)....if one trace of alcohol os found, he should be disbarred for sitting on the bench while impaired, sentenced to life in prison, or given the death penalty for ruling on people's freedom while impaired. It is a proven fact that alcohol impairs more than marijuana. So if this idiot motherfucking piece of shit judge has any trace of alcohol in his system, he is incompetent.
Kolesar
(31,182 posts)... within 8 to 12 hours of use. However, most drug tests for marijuana compounds are made through urinalysis. And urinalysis for THC is highly precise, and measured in nanograms (n-9), or one billionth of a gram. So in this way, THC can be detected in urine several weeks or months after initial administration with precision. Positive urine based marijuana test results generally indicate use within 1-3 days; however, the detection window could be significantly longer following heavy, chronic, use. So in general, the amount of time marijuana/THC can be detected depends on quantity, potency, duration and frequency of ingestion, and the method used to detect THC or its metabolites.
http://drug.addictionblog.org/how-long-does-marijuana-weed-pot-thc-stay-in-your-system/
I was looking for "masking drugs" when I found this. If this is correct, one should insist on a blood test instead of a urine test, because the THC washes out of the blood.
If Lance can mask performance drugs, I there some THC-masking drug I can consume whenever I am in Arizona? Hypothetically! Grand Canyon sunsets, and all that...
KatyMan
(4,195 posts)But man, am I glad I don't live in Arizona!
lonestarnot
(77,097 posts)grandpamike1
(193 posts)want to live in Maricopa County ? With Sheriff Joe and a Court Of Appeals who ruled that, you have to be crazy. Oh, wait, they must be to want to live there. Never mind.
indie9197
(509 posts)and found several other states that can charge you with DUI for having the metabolite in your blood but no active THC. The link is almost a year old but as of 4/20/12 the states of AZ, DE, IL, IN, IA, RI, and UT were zero tolerance, meaning that metabolite in the blood count as active THC. PA has of limit of 1ng/ml for THC or metabolite so that is pretty much zero tolerance also.
Some states have limits of 5 mg/ml active THC and some states won't charge DUI for THC (MN, NC, VA).
Anyway, laws are changing fast and going toward the 5 mg/ml standard, it seems. If you are a user of the herb it would make sense to learn what the laws are in your state and figure out what it would take to get you to the legal limit.
http://blogs.lawyers.com/2012/04/cruising-the-high-way-safer-than-drunk-driving/
Hard Assets
(274 posts)And I am no way intoxicated.
My mom is being a pain about me driving after I smoke. Colorado does not have a DUI set up for THC yet.
And studies have *shown* that people on THC are actually better drivers because THC actually increases the awareness of things around you (paranoia).
TrogL
(32,822 posts)Never did figure out where it was coming from.
I've also got a problem with kids smoking pot just to the West of my garage, which means with the prevailing westerly winds, I often open my garage door to a cloud of smoke and my truck reeks of it. I work in a high-secure environment, which means it's not the best thing to talk into work smelling of so I have to drive for a bit with the windows open to blow it out, not a pleasant experience in winter.
I'd likely flunk a blood test based on inactive THC.
eppur_se_muova
(36,266 posts)Bette
(65 posts)Well, yet another reason to stay out of that state! I used to like it there, but I will never set foot there again.