What Constitutes A Marijuana DUID Is Controversial And Varies By State

[The General]

Just like there is a law that dictates the legal limit in each U.S. with regard to blood alcohol level, there is also a law that regulates driving under the influence of drugs (DUID). When the drug is marijuana, however, passing and enforcing that law can be difficult in certain states. In Colorado, example, where recreational use of marijuana is legal, the bill dictating that driving-impaired meant a person has 5 nanograms of THC per milliliter of blood failed to get passed at least five times before it finally passed.

There are many reasons DUID laws for marijuana are controversial, and those will be discussed later. First, what is a DUID? It is the equivalent of a DUI, which means a person suspected of a DUID will be arrested and go directly to jail. However, actually being convicted of a marijuana DUID is not as cut and dry for the prosecution as a DUI is. The ease or difficulty of being prosecuted and convicted for a DUID depends upon which state the offense occurred.

Each state has one of three types of DUID laws on their books. Most states have what is called an "effect based" law. Prosecutors who are trying to show that someone has violated this law rely on evidence from law enforcement officers, a Drug Recognition Expert's testimony, and/or a positive result on a toxicological exam. Law enforcement officers' evidence includes such elements as performance on a field sobriety test or proof of driving at an excessive speed. A Drug Recognition Expert is a specially trained police officer who follows specific guidelines in determining whether or not a motorist is impaired by drugs. A toxicological exam for marijuana is a blood or urine test.

The effect-based approach focuses on the totality of the circumstances. Effect-based laws strike a balance in that defendants are allowed to present evidence that says, in effect, that despite their THC levels being above the legal level, they were not too impaired to drive. Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), says this about effect-based law: "I think certainly for the consumer, this is better law than a per se law, because it allows the defendant a chance to offer evidence of their innocence at trial."

Armentano mentions another type of DUID law, the per se law. Per se laws define a strict cut-off level of a drug metabolite or active drug constituent. Anything above that is considered as a "positive" for that specific drug, and the those whose toxicological exams are positive are handed DUID convictions without a trial. About a dozen states have per se marijuana laws. While this type of law is more cut-and-dried than an effect-based law, it is not without controversy when the drug in question is marijuana. This is because, for several reasons, there is a lack of consensus among forensic scientists about what level of THC concentration constitutes driving impairment.

The last type of driving under the influence of drugs law is a type of per se law, and it is called the zero tolerance per se law. Any amount of THC in your system under this law will constitute a DUID. This is the way some states are eliminating the limitations inherent in setting strict cut-off levels for drug metabolites or constituents. Zero tolerance per se laws are overly simplistic and not based on science, and about a dozen states have them. Marijuana DUID laws, whether they are effect-based, per se, or zero tolerance per se, are controversial. And the order in which they are listed in the previous sentence reflects, from most to least difficult, the job the prosecutors have convicting people of violating them.

News Moderator - The General @ 420 MAGAZINE ®
Source: Guardianlv.com
Author: Donna Westlund
Contact: Contact
Website: What Constitutes a Marijuana DUID Is Controversial and Varies by State

 

[420 Motoco]

What does this mean to peeps who use cannabis concentrated oil with no euphoric but has HUGE levels of THC? Guess "Look Ma...no red eyes" wouldn't work. I have such a big issue when the words 'alcohol & cannabis' is always compared. NEVER have I heard of a pot head killing someone because they went the wrong way on the freeway. Might get a ticket for proceeding with too much caution, or unsafe driving because you got a coke washing down twinkies. Sounds 'like let em smoke, then give'em tickets'. Kinda wish someone would put together a sensible, well thought out law and tax structure and lets move on and get MJ meds on the shelves for ALL to have access to great health, great recreational uses and tackle much more worst issues...like our Economy and finding honest politicians.

 

[MaineWeed]

This is a big problem for us smokers.......weed just stays in your system way to long, the supposed 30 days is BULL! One time in my life years ago I had to quit for legal reasons and I was tested weekly and it took a full 3 months and some days for me to piss clean...with that being said...even if I haven't smoked in a week I still could be considered driving impaired by the 5 nano amount. Anyone want to chime in and give your thoughts?

 

[HawkNo1]

The problem is they really don't want people using this plant. This one plant can change our complete economy and create massive industries. It can make us oil independent and fuel free from foreign sources. It can free us of this crooked medical system big pharma put into place so as to get rich off our bad health.

Our own government is behind and supporting big pharma and all oil based industries. Why else would our own government allow them to put chemicals in our medicines, food, air, water, and shelters? They are not working for us. They are working for everything chemicals and medical that keeps the statuesque in power and control but it is not for the people. They are literally committing treason.


The reason I say this is and can prove it is how they did not remove the Marijuana Tax law Hearst and DuPont got pushed through by using perjury and deceptions or fraud to get that law passed and they did behind closed doors instead of through the proper channels for passing laws in the first place. Every law against Mary Jane after that was based off those falsifications of the facts. The fact that the majority of people are just now learning the truth about this conspiracy and treason is only thanks to the internet..The only reason I learned all this was when I became interested in hemp sails for sail boats. In researching why we do not have hemp textiles in our country I learned of the subterfuge played on the US Citizens by these chemical based industry's and those behind it.


In Hearst case he was into news papers and had stocks in the lumber industry's. He used his media access to demonize his main competitor, hemp paper. DuPont had just purchased the patent rights to Rayon and he just discovered Nylon. As long as hemp was available it would have been preferred over those synthetic textiles so he also with Hearst had a major financial reason to squash the hemp industries. Also Plastics where being developed from the slag or wastes of the hemp industries. Not to mention the fact that Eli Lilly used MJ in some of their medicines back then and they where learning weeds potential for curing many diseases back then and they did not want cures, They want only medicines that prolong our misery until we die and they get rich off of all the other complications their synthetic medicines cause us which only makes them even richer..So basically they have killed millions out of greed. They wiped out a booming industry that could easily have made us free of foreign oil and still can.


Our environment would be less toxic if we got rid of the oil based industries and switched over to hemp based industries. I for one would love to buy for cheap hemp cloths and canvases and rope and twine and etc....I would love to be able to drink a can of hemp juice every day like Soda but to keep the doctors away. I don't really need the high but if I want to in my own home or a friends I should be able to since this is a hell of a lot safer than alcoholic beverages. This plant was persecuted out of plain and simple greed.


When you hear people say it caused paranoia it is because they are breaking the law that they are paranoid for the most part. There is a lot of propaganda and government based lies out there about this plant and that is the crux of it. Make it legal again and paranoia will be gone. Some people are not going to want to use it just like some hate using alcoholic beverages. That should be their choices, not the government making those choices for us.


So far this government is not working for us. It has undermined our economy and our health and even our constitutional rights. It is time for the people to clean house and get back to our real Constitution. Even our first president, George Washington grew and used this plant. It is time they pay for their crimes,. Millions have died out of greed and you let this government keep deceiving us and killing us then your going to get what you deserve for doing and saying nothing about it.