What other issues will medical marijuana impact?

[daNattyFatty]

What makes you think there hasn't already been one/several?

I'm willing to bet that there have been numerous already.

 

[swinokur]

good

 

[CharlieFoxtrot]

The portion of the DL app that you allow police to test for alcohol or if you refuse you forfeit your license doesn't seem to apply to pot.

It sort of does. The problem from the law enforcement perspective is there is no quick and easy test to determine if you are DWI/DUI from marijuana. In any circumstance where the police have "reasonable grounds" to believe you are driving impaired they can request you take the breathalyzer. If you refuse then you are facing suspension of your license. Issue is the breathalyzer only detects alcohol. If it comes back as .00 but you appear messed up they can try to get a DRE (drug recognition expert) to perform some tests on you and if you fail those they can request a blood draw. There are also license sanctions for refusing the blood draw (however no sanctions for refusing to cooperate with the DRE in the first place) Also in any accident involving a fatality or potential fatality the police will get a warrant to draw your blood. Blood test will detect levels of THC but there is no scientific consensus on what level of THC means you are under the influence/impaired since THC dissipates so much more slowly than alcohol.

 

[swinokur]

So the as in many other cases, the law has not kept up with societal values or mores. Looks like some updates might be in order.

 

[adit]

It sort of does. The problem from the law enforcement perspective is there is no quick and easy test to determine if you are DWI/DUI from marijuana. In any circumstance where the police have "reasonable grounds" to believe you are driving impaired they can request you take the breathalyzer. If you refuse then you are facing suspension of your license. Issue is the breathalyzer only detects alcohol. If it comes back as .00 but you appear messed up they can try to get a DRE (drug recognition expert) to perform some tests on you and if you fail those they can request a blood draw. There are also license sanctions for refusing the blood draw (however no sanctions for refusing to cooperate with the DRE in the first place) Also in any accident involving a fatality or potential fatality the police will get a warrant to draw your blood. Blood test will detect levels of THC but there is no scientific consensus on what level of THC means you are under the influence/impaired since THC dissipates so much more slowly than alcohol.

There is, if they buy it.

https://www.aleretoxicology.co.uk/en/home/solutions/law-enforcement/roadside-drug-testing.html

and another device mentioned here: http://fox59.com/2017/12/18/police-in-illinois-will-begin-roadside-drug-tests-for-drivers/

and another: http://www.latimes.com/local/lanow/la-me-mouth-swab-drugs-test-police-pot-20170317-story.html

 

[Engine4]

According to the American lung association, pot smoke is just as dangerous as tobacco. It's very ironic that it isn't treated the same by libs. Where are the congressional investigations into those states legalizing it?

 

[Mightydog]

What about the issue of secondhand smoke? Take a walk around D.C. And you see what I mean. And the impact on children, especially babies, of these stoners smoking in their own homes? And since THC stays with you for a long while again the issue of second hand smoke. You get tested and you have low levels in your system is here a threshold for user/passerby?

 

[mac1_131]

Do Hospitals test for Pot after an accident? From what I have read on the Internet Pot users can test positive for up to 3 months. Is there a test for Stoned -VS- still in the system?

That's part of the dilemma here, I don't think there is. For now, all they have is to test that it's in your system.

In your system for months is not the same as under the influence. I think there is a push in Colorado to do more there.

I'm not a LEO but I think all they have to go on now is DRE training to make the case.

I don't think any legal standard of thc levels exist in the law to determine impairment.

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[CharlieFoxtrot]

There is, if they buy it.

https://www.aleretoxicology.co.uk/en/home/solutions/law-enforcement/roadside-drug-testing.html

and another device mentioned here: http://fox59.com/2017/12/18/police-in-illinois-will-begin-roadside-drug-tests-for-drivers/

and another: http://www.latimes.com/local/lanow/la-me-mouth-swab-drugs-test-police-pot-20170317-story.html

None of those devices can be used in MD by law enforcement. Need to be deemed scientifically reliable by a court or permitted by statute first before they could be deployed. The Drager (not familiar with other) only detects presence of certain CDS. Doesn't give levels.

 

[Bob A]

It takes weeks of abstinence to clear traces from your system. second-hand smoke will often trigger a positive result as well.

I am told that the stuff can be stored in fatty tissue more or less indefinitely; if you go on a diet, enough will be released back into blood/urine to be detectable. I can't verify that, however.

Having detectable amounts present doesn't equate to being under the influence.

 

[esqappellate]

It sort of does. The problem from the law enforcement perspective is there is no quick and easy test to determine if you are DWI/DUI from marijuana. In any circumstance where the police have "reasonable grounds" to believe you are driving impaired they can request you take the breathalyzer. If you refuse then you are facing suspension of your license. Issue is the breathalyzer only detects alcohol. If it comes back as .00 but you appear messed up they can try to get a DRE (drug recognition expert) to perform some tests on you and if you fail those they can request a blood draw. There are also license sanctions for refusing the blood draw (however no sanctions for refusing to cooperate with the DRE in the first place) Also in any accident involving a fatality or potential fatality the police will get a warrant to draw your blood. Blood test will detect levels of THC but there is no scientific consensus on what level of THC means you are under the influence/impaired since THC dissipates so much more slowly than alcohol.

So, refusal of a breathanalyzer and/or blood test will result in a license suspension, but is it not also correct that, like the DRE exam, the driver may also refuse to perform roadside sobriety tests, e.g., walking the line or touching his nose, etc, without any license sanction?

 

[Brychan]

Well if you have to turn in your firearms if you get a pot card, your driver's license, automobile, motorcycle, jet ski, rv, and boat should all be turned in as well.

 

[daNattyFatty]

So, refusal of a breathanalyzer and/or blood test will result in a license suspension, but is it not also correct that, like the DRE exam, the driver may also refuse to perform roadside sobriety tests, e.g., walking the line or touching his nose, etc, without any license sanction?

That is correct.


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[Mr. Ed]

Well if you have to turn in your firearms if you get a pot card, your driver's license, automobile, motorcycle, jet ski, rv, and boat should all be turned in as well.

Agreed. But the right to keep and bear arms is just that, a RIGHT guaranteed by the 2nd Amendment. All the others are privileges. Kinda curious why RIGHTS are going to be forfeited, but privileges aren't.

 

[MigraineMan]

Agreed. But the right to keep and bear arms is just that, a RIGHT guaranteed by the 2nd Amendment. All the others are privileges. Kinda curious why RIGHTS are going to be forfeited, but privileges aren't.

Because the members of the MDGA don't want to give up their cars, motorcycles, jet skis, RVs and boats.


(or firearms, for that matter ... but that's a whole 'nuther "thee not me" rant)

 

[CharlieFoxtrot]

That is correct.


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That's right and there is a case stating the police don't have to tell you the field sobriety tests are voluntary!

 

[teratos]

It takes weeks of abstinence to clear traces from your system. second-hand smoke will often trigger a positive result as well.

I am told that the stuff can be stored in fatty tissue more or less indefinitely; if you go on a diet, enough will be released back into blood/urine to be detectable. I can't verify that, however.

Having detectable amounts present doesn't equate to being under the influence.

You will test positive for 3-40 days depending on usage. After 40 days it’s gone, even from fat tissue.

 

[EL1227]

Boom.

From today's Baltimore Birdcage Liner:

http://www.baltimoresun.com/health/bs-md-medical-marijuana-guns-20180104-story.html

Supplies of the drug are expected to be limited until the spring, but the guns-or-marijuana decision already has started reverberating in firearm enthusiast circles, generating a lengthy discussion on a popular gun-owners’ forum online.

We have a ...

 

[Mr. Ed]

You will test positive for 3-40 days depending on usage. After 40 days it’s gone, even from fat tissue.

Yep. And there's nothing you can do to speed it up significantly.

I worked in a healing arts center for a couple of years and we could always tell when a customer was about to be drug tested... they'd ask for stuff to 'cleanse' or 'detoxify' their systems. We'd tell them that it wouldn't work for that, but they'd buy it anyway. We wanted to write on some of the receipts that it wasn't effective for recreational drugs, but the owner wouldn't let us.

 

[pilotguy299]

Medical marijuana may be lawful under state and local, laws, but not under federal law.

The places that grow and distribute medical marijuana, often hire local police officers to provide security for their facilities.

Those police officers are committing a federal felony, and subject to enhanced penalties, by using a firearm in furtherance of a drug trafficking crime.

police officers who provide security to those facilities, are hypocrites and should be ashamed of themselves for putting their desire to make some extra cash, over obeying the law.

and they are committing a federal felony by doing so.