DUI (Cannabis) tossed out in AZ!

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az2000

Well-Known Member
I have a question. The article I read said the metabolite remains in your system for 3 weeks (or so) but doesn't cause impairment.

My question is: is there anything else that would appear in a test that would prove impairment? Is there another metabolite that does cause impairment and would appear in a test 2 hours after smoking?

I'm not trying to say drugged driving is ok. But, just trying to understand what can be proven through a blood/urine analysis. It seems like this court case focused on how smoking 3 weeks ago isn't cause for a drugged driving conviction. But, it leaves me with the question of whether they can tell anything when you are impaired.

Lawyers encourage drunk drivers to refuse a breathalyzer test because a 1-year suspension is better than a DUI conviction. Just wondering if 420 users would face the same calculation. I'm not sure this court decision proves we don't because it seems to deal with the rather abusive policy of using any trace of past use as proof of impairment. I'm wondering if anything else would appear 2 hours after smoking which would cause smokers to face the same pragmatic choice as drunk drivers.

Again, not encouraging impaired driving. Just trying to understand my rightful choices if I faced this.
 
killemsoftly

killemsoftly

Well-Known Member
az2000 said:
I have a question. The article I read said the metabolite remains in your system for 3 weeks (or so) but doesn't cause impairment.

My question is: is there anything else that would appear in a test that would prove impairment? Is there another metabolite that does cause impairment and would appear in a test 2 hours after smoking?
Again, not encouraging impaired driving. Just trying to understand my rightful choices if I faced this.
Click to expand...
some bastard is desperately hunting for a tech on this one as we discuss. some wage slave lipid engineer trying to pay his mortgage (my sister was one, worked at mcdonalds working on a better frying oil. no shit. she hated it there and left. went back to uni to become a naturopath)
there is BIG money in this. When they get a reliable solution it will be worth a packet$! every jurisdiction will want it as they can then double down on dui's. think of the revenue stream.
it will come. the question is when and by whom. some engineering entity working with bio-chem guys at uni research facilities will crack this nut.
it will be battled in court. There is evidence from oz, research study, that cannabis users overcompensate and drive slowre and safer. it needs replication, but should cast doubt on the test 'proving' you are 'impaired'.
Still, it will probably be a pita. more of the war on people masquerading as a drug war. truly pathetic. why not test for metabolites on meth, coke, opiates, opiods, benzos, barbituates, k, etc, ? why pot? why, the f$ck is it alway the ganj?
i'm convinced we don't make good consumers as we're content with an older car, a garden plot, munchies and vcr's so we are targeted. I know i am. oh and bush, but that shit's supposed to be free. Any hoo. ramble/rant over.

peace. love riu and all you guys/ladies. even you 'dr' kkk (peace to an angry troll)

o brave new world! i tremble at your stupidity
 
Nutes and Nugs

Nutes and Nugs

Well-Known Member
az2000 said:
I have a question. The article I read said the metabolite remains in your system for 3 weeks (or so) but doesn't cause impairment.

My question is: is there anything else that would appear in a test that would prove impairment? Is there another metabolite that does cause impairment and would appear in a test 2 hours after smoking?

I'm not trying to say drugged driving is ok. But, just trying to understand what can be proven through a blood/urine analysis. It seems like this court case focused on how smoking 3 weeks ago isn't cause for a drugged driving conviction. But, it leaves me with the question of whether they can tell anything when you are impaired.

Lawyers encourage drunk drivers to refuse a breathalyzer test because a 1-year suspension is better than a DUI conviction. Just wondering if 420 users would face the same calculation. I'm not sure this court decision proves we don't because it seems to deal with the rather abusive policy of using any trace of past use as proof of impairment. I'm wondering if anything else would appear 2 hours after smoking which would cause smokers to face the same pragmatic choice as drunk drivers.

Again, not encouraging impaired driving. Just trying to understand my rightful choices if I faced this.
Click to expand...
Are you a member of law enforcement?
 
straingrades

straingrades

Member
This is not anything to trust as this is just one indicator. They can also cite you for obvious signs of marijuana use based on the officers discretion. This includes things like red eyes etc. It wouldn't matter if it was an inactive metabolite or not they will still give you a drug DUI without needing this.
 
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compassionatecaregiver

Member
i believe what straingrades said is tru. and the more direct answer is yes, they can also detect the prescence of thc itself if you have recently smoked. I'm not sure how long that lasts but it can be considered proof of impairment if the amount is high enough, although I don't believe that amount has been established legally and it can vary from one person to another.
so to clarify things, the metabolites are like the waste products that remain after thc is broken down inside your body, those are the molecules that can be detected for several weeks or more. the thc itself doesn't last nearly as long but it will be detectable right after smoking.

I happen to know a guy, who knows a guy who has a friend of a friend who happened to be pulled over twice recently while he was smoking and driving. first time the cop smelled the pot, claimed he had probable cause to search even though he was shown a valid mmj card, found the bowl the driver had been smoking and then called a different cop to administer a roadside sobriety test. this guy passed all the tests even though he was baked and they gave him back his pot and let him drive off. Then the 2nd time was the salt river indian res police, also stopped him while smoking and driving but miraculously didn't smell the pot. he says they claimed to offer an "amnesty period" where he could give up anything illegal without having his car seized, he didn't believe them and denied having anything illegal (knowing his mmj card is no good on the res and they frequently do seize vehicles from mmj patients!) then they said they had a dog and gave him one more chance, that almost got him to give it up since a dogs nose can't be beat but he stuck to his guns saying he didn't have anything and didn't want them to search, turned out they were bluffing about having the dog right there with them but said a k9 officer was on his way, then they gave him a bunch of roadside sobriety tests which he passed while baked yet again, and after being there for 30+ minutes and having completed the traffic stop they had no other reason to keep him there except to wait for a k9, he asked to leave and they let him! he and I and all of our mutual friends still are amazed at how the salt river cops actually had the integrity to follow the constitution and not violate his rights (both when he refused the search and when they acknowledged that they couldn't legally detain him any longer). we've all had experiences with cops in phoenix and surrounding cities (we all agree Gilbert is the worst) which were quite the opposite - officers acting extremely hostile and aggressive for no reason and when we try to politely assert these same rights they only become more angry and violate said rights. I can't give too much praise to a police department that's known for seizing vehicles from state registered mmj patients even for small amounts of mj, but I do respect the fact that they upheld his rights very much!
 
O

orangeade5

Well-Known Member
compassionatecaregiver said:
i believe what straingrades said is tru. and the more direct answer is yes, they can also detect the prescence of thc itself if you have recently smoked. I'm not sure how long that lasts but it can be considered proof of impairment if the amount is high enough, although I don't believe that amount has been established legally and it can vary from one person to another.
so to clarify things, the metabolites are like the waste products that remain after thc is broken down inside your body, those are the molecules that can be detected for several weeks or more. the thc itself doesn't last nearly as long but it will be detectable right after smoking.

I happen to know a guy, who knows a guy who has a friend of a friend who happened to be pulled over twice recently while he was smoking and driving. first time the cop smelled the pot, claimed he had probable cause to search even though he was shown a valid mmj card, found the bowl the driver had been smoking and then called a different cop to administer a roadside sobriety test. this guy passed all the tests even though he was baked and they gave him back his pot and let him drive off. Then the 2nd time was the salt river indian res police, also stopped him while smoking and driving but miraculously didn't smell the pot. he says they claimed to offer an "amnesty period" where he could give up anything illegal without having his car seized, he didn't believe them and denied having anything illegal (knowing his mmj card is no good on the res and they frequently do seize vehicles from mmj patients!) then they said they had a dog and gave him one more chance, that almost got him to give it up since a dogs nose can't be beat but he stuck to his guns saying he didn't have anything and didn't want them to search, turned out they were bluffing about having the dog right there with them but said a k9 officer was on his way, then they gave him a bunch of roadside sobriety tests which he passed while baked yet again, and after being there for 30+ minutes and having completed the traffic stop they had no other reason to keep him there except to wait for a k9, he asked to leave and they let him! he and I and all of our mutual friends still are amazed at how the salt river cops actually had the integrity to follow the constitution and not violate his rights (both when he refused the search and when they acknowledged that they couldn't legally detain him any longer). we've all had experiences with cops in phoenix and surrounding cities (we all agree Gilbert is the worst) which were quite the opposite - officers acting extremely hostile and aggressive for no reason and when we try to politely assert these same rights they only become more angry and violate said rights. I can't give too much praise to a police department that's known for seizing vehicles from state registered mmj patients even for small amounts of mj, but I do respect the fact that they upheld his rights very much!
Click to expand...
Talked my way out of police bluffing me with a dog outside of coolidge, had my mmj card but never told him. Cop asked to search my vehicle, I refused, cop said he may have probable cause because I put my hands in my pockets which were empty. Cop has a K-9 unit pull up behind him, asks one more time which I politely refuse and say I would rather be on my way and to my astonishment I was told to be safe and have a good night.

On a darker note, DUI was not thrown out anymore, court of appeals has spoken.
http://azmarijuana.com/arizona-medical-marijuana-news/az-court-appeals-medical-marijuana-users-dui/
 
C

compassionatecaregiver

Member
dui was never thrown out people. you need to understand the difference between thc and a thc metabolite to understand the difference between the 2 recent rulings on mmj dui that are unrelated and are both still effective
 
HB DC

HB DC

Active Member
"Under this carve-out exception, in my view, an authorized user cannot be convicted under
§ 28-1381(A)(3) if he or she establishes that the amount of THC or marijuana metabolite in the
blood was in insufficient concentration to cause impairment." Further... "I concur in the result in
this case, however, because Darrah did not make such a showing."

Read between the lines... We are moving somewhere!
 
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hiluxphantom

hiluxphantom

Well-Known Member
There was something about someone having some pot breathalizers and using them in law enforcement but they had to stop using them for some reason.

We always lose. Its retarded.
 
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