Authorities say Gilliam was driving his car in Peachtree City, Georgia near where The Walking Dead is currently shooting, when they pulled him over for allegedly traveling at speeds of up to 107 mph. Once police got behind Gilliam’s car and activated their emergency equipment, they report it took him around four minutes to pull his car over to a stop. The road on which police pulled over Gillian had a posted speed limit of 55 mph. Officers say they noticed Gilliam’s eyes to be extremely bloodshot and suspected he was under the influence of marijuana and alcohol.

Once officers reached the car, they immediately placed Gilliam under arrest for reckless driving and speeding. During a search of the vehicle, officers allegedly found a marijuana cigarette. After finding this cigarette, officers added charges of driving under the influence of alcohol and marijuana and possession of less than one ounce of marijuana.

Once at the police station, officers administered a breath alcohol test, during which he allegedly blew a reading of 0.107 grams of ethanol (drinking alcohol per hundred milliliters of blood, which is over the legal limit of 0.08. Gilliam was booked on his charges and released with a date to appear in court. It should be noted, Gilliam has not been convicted of any crime and is presumed innocent unless and until his is proved guilty beyond a reasonable doubt. Show runners say this recent arrest will not affect the production schedule of The Walking Dead.

As our Los Angeles marijuana DUI defense attorneys can explain, marijuana DUIs do not exactly work the same as DUIs involving suspicion of being under the influence of alcohol in terms of what must be proved in court. In the case of alcohol, if the judge admits a breath test into evidence, and the record presents a number of defendant’s blood alcohol concentration (BAC) at time of testing, the judge will have some idea of how intoxicated defendant was during time of his or her arrest, or shortly thereafter.

In the case of marijuana, chemists can take a blood or urine sample and determine if the suspect used marijuana in the somewhat recent past, but there is no way to tell how much was smoked or ingested, the strength of the marijuana, and, most importantly, whether the suspect was still intoxicated by marijuana at time of the arrest. This is because if the chemist performs a test of the suspect’s blood or urine, he or she is not looking for the presence of THC, as there is no way to accurately detect THC compounds via this type of testing.

Instead of looking for marijuana or THC, test chemists are instructed to search for the presence of certain THC metabolites, which should not be in the body absent suspect’s exposure to marijuana.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: ‘Walking Dead’ Actor Seth Gilliam Arrested For DUI, Marijuana Possession , May 5, 2015, Huffington Post More Blog Entries: Medical Marijuana Cultivator Sues Illinois Over Licensing, March 19, 2015, Los Angeles Marijuana Lawyer Blog

Those measures were all filed before the deadline for the introduction of new laws in February. They include a new attempt at tighter regulations of the current medical marijuana industry, restrictions on how synthetic marijuana is branded and packaged and the quantity of marijuana that authorities can destroy following a raid.

But for the first time in three legislative sessions, what is not up for consideration is a measure that would impose criminal penalties for motorists with marijuana in their system. The bill had been flatly shot down twice before, and it seems this session, lawmakers decided to spend their energy elsewhere.

This is a good thing because, as our Los Angeles marijuana DUI lawyers are well aware, laws aimed at cracking down on stoned drivers will inevitably have the effect of penalizing motorists who are in fact sober.

This does not mean it is legal to drive while impaired by marijuana. Under current law, driving while impaired – by any substance – is against the law. It is up to law enforcement to the determine whether a driver is impaired. With alcohol, there is circumstantial evidence that comes into play, but usually, it’s a breathalyzer or blood-alcohol tests that definitively proves the officer’s suspicions. A BAC of 0.08 or higher is deemed intoxicated.

Successful defenses in these cases have involved arguing the driver was not high or that, even if he or she had consumed marijuana, it was not to a degree it was an impairment.

However, lawmakers have tried for years to impose a similar set limit on the amount of cannabinoids a driver could have in their system before being deemed too high to drive.

Certainly, there is nothing wrong with wanting to keep the roads safer. But marijuana impairment cannot be tested the same way as alcohol impairment. They are two different substances, they have different effects on the body and they are processed differently. Alcohol is processed through the body rapidly, which means a high blood-alcohol content indicates a high level of intoxication. Not so with marijuana, which can remain in one’s system for days or even weeks. For someone who is a medical marijuana patient, it is entirely possible to test positive for high levels of THC, and yet not be impaired.

So what swayed lawmakers to finally take a step back?

For one thing, a new, large study indicated there was no link between the increase in marijuana use (as attributed to a growing number of states legalizing the drug for medicinal and recreational use) and an increase of traffic fatalities. In fact, in California, while marijuana use increased exponentially between 1999 and 2012, the number of fatal accidents fell from 3,150 in 1999 to 2,630 in 2012.

Of those who died in car accidents, more than 400 had marijuana in their systems in 2012. That is a significant increase from the number of crash victims who had the drug in their systems in 1999: 105. However, this is misleading because, again, marijuana in the system does not indicate the driver was impaired. It just means more people are using the drug.

One proposal would have imposed a THC-blood limit of 2 nanograms per milligram. That is a level that would persist in a regular user for up to six days after the last use. This prompted many advocates to call the measure a “Sober DUI” law.

Thankfully, that measure failed.

Although at least one legislator promised to re-introduce a marijuana DUI bill in California this year, that did not happen.

There is still a chance such language could be added into one of the pending marijuana regulation bills, but the chances of that are unclear.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: California Lawmakers Give Up On Marijuana DUIs — For Now, March 12, 2015, By Chris Roberts, San Francisco Weekly More Blog Entries: Marijuana Dispensary Owners File Lawsuit Against Police for Raid, Feb. 25, 2015, Marijuana DUI Defense Lawyer Blog

This is not to say driving impaired is necessarily safe under any circumstances. It’s true marijuana is known to impair psycho-motor skills, divide attention and impact cognitive function. But despite marijuana being the most frequently-detected drug (aside from alcohol), it was cited in relatively few crashes. The administration noted a 2014 study that found no increased risk of crash for drivers who tested positive for THC, the primary psychoactive substance in marijuana.

In the administration’s own study, it was revealed after adjusting for gender, age, alcohol use and race, motorists who tested positive for marijuana were no more likely to be involved in a crash than those who had not used any alcohol or drugs prior to getting behind the wheel.

Meanwhile, the risk of a wreck after consuming alcohol at a rate resulting in a blood-alcohol concentration of 0.05 or higher increases by nearly 700 percent.

Our cannabis DUI lawyers recognize part of the reason for the disconnect has to do with the way in which the drug is measured in the body, as compared to alcohol. A person with a measurable amount of THC in their system does not necessarily correlate with intoxication the same way blood-alcohol concentration does. So when police detect the presence of alcohol in a person’s blood, breath or urine, it’s all but certain that person recently consumed alcohol. The higher the concentration, the more the person recently drank.

But with marijuana, traces of THC can remain in a person’s system long after consumption, even though any intoxicating effects would wear thin in a few hours. A person with a medical marijuana prescription might have a high level of THC due to ongoing heavy use, but that is not necessarily an indicator of impairment.

Another reason we may be seeing such a major difference in crash rates between drinkers and smokers is that marijuana can effect individuals differently, depending on their chemical makeup. So one person may be able to consume larger amounts of cannabis and show no apparent impairment effects, while another who consumed the same amount might become highly impaired. Alcohol, on the other hand, tends to effect people pretty consistently, regardless of chemical makeup.

A number of states have passed laws that seek to define what it means to be a driver impaired by marijuana. For example, in Colorado, police can make an arrest for impaired driving if the measurable THC in one’s blood is 0.5 nanograms per millimeter or higher. But again, this is problematic because it doesn’t reveal anything about a person’s actual fitness behind the wheel. So what we are seeing in these places are states that are, in some cases, arresting and convicting people of impaired driving when, in fact, these individuals are totally sober.

A second study released by the NTHSA at the same time as the crash risk study reveals a large increase in the number of nighttime drivers who test positive for THC. In 2007, it was 8.6 percent. In 2014, it was 12.6 percent. There is no question this information is going to be exploited by opponents of marijuana legalization to scare people into believing these individuals pose a serious threat on our roads.

In truth, the only thing the second study tells us is more people are using marijuana in the days or weeks before they get behind the wheel. This is not surprising whatsoever, given the increasing number of states that are decriminalizing or outright legalizing the drug.

So again, it’s not that smoking a joint while driving is safe. It’s not, and if you are truly stoned behind the wheel, there could be serious safety implications. However, to assume that just because marijuana is present in one’s system that he or she is unfit to drive is both inaccurate and hugely unfair to responsible users.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: Stoned drivers are a lot safer than drunk ones, new federal data show, Feb. 9, 2015, By Christopher Ingraham, The Washington Post More Blog Entries: IRS Instructions on Marijuana Business Deductions, Feb. 7, 2015, Los Angeles Marijuana Lawyer Blog

A researcher from Perelman School of Medicine is coordinating several studies to investigate how marijuana can mitigate the symptoms of PTSD. The studies have been made possible, in-part, because of a $7.6 million grant from the state of Colorado. Nationwide, legislators, public health officials, and marijuana activists have come to know that there isn’t significant research on marijuana to help inform regulatory or policy initiatives. Many governments want to implement research, and yet, they are hindered by federal laws that still classify marijuana as a Schedule 1 drug, with no medicinal value.

Colorado has been driven to invest in this study, to give more insight to medical researchers and policy makers regarding post-traumatic stress disorder and marijuana. Currently, whether you are the side of legalization or you think pot should be illegal, there is not sufficient scientific evidence to support your theory either way. The new pot studies will focus on the effect of marijuana on PTSD symptoms. The first study will involve two separate sites and 76 veterans who suffer from PTSD. The study is going to compare three different strains of marijuana to assess levels of effectiveness in treating symptoms of PTSD.

Researchers plan to use interviews, questionnaires, as well as assess other physiological responses to track mental and health consequences of medical marijuana. Over the course of the study, researchers will continue to track physical and mental health of participants for six months. A second student, which is more extensive, will take place in Denver and involve 150 participants who suffer from PTSD. According to researchers, half of these participants have already been using marijuana to self-medicate. The marijuana users will be paired with a non-user who has gone through a similar war experience and suffers from PTSD. The two pairs will be tracked or compared to determine who is faring better–those who use pot or those who don’t.

A significant and growing number of physicians and medical researchers are seeing the advantages of medicinal marijuana. Professionals who see a value in the chemical components as beneficial in treating PTSD are finding a greater need for these studies. With the long-term ban on marijuana testing by the federal government, the current medical tests are welcomed by a large portion of the medical community. If you are a medical marijuana user in California, it is important to know your rights and responsibilities. Our Orange County medical marijuana attorneys can help keep you in compliance and will take every necessary step to defend your interests in a criminal matter.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

More Blog Entries: Getting Started in the Medical Marijuana Industry, May 15, 2014, Los Angeles Marijuana Lawyer Blog United States Marijuana Laws Influencing Other Countries, February 14, 2014, Los Angeles Marijuana Lawyer Blog

In any accident case that results in a casualty, law enforcement officials will conduct a thorough investigation to determine the cause and identify responsible parties. Our Orange County marijuana attorneys are experienced in all angles of marijuana law, from regulatory and compliance issues through criminal defense. In addition to staying abreast of local and state developments in marijuana law, we also stay current on changing marijuana laws by state at the federal level.

Ontario County District Attorney, Michael Tantillo released a statement that the driver who was struck and killed was under the influence of marijuana. The statement also indicated that the marijuana levels were high enough to impair judgment. Since this finding, the criminal investigation has been ceased, though the family likely intends to pursue civil remedies for the wrongful death of their son. It is likely that the marijuana use will also be used as defense evidence in the civil matter.

The accident occurred at an August 9, 2014 race when the victim gestured angrily at Tony Stewart’s car and stepped in front of the vehicle. He died of blunt force trauma as a result of the impact with the vehicle. Prior to the toxicology report, there were two charges submitted for consideration by the grand jury. He was facing charges of manslaughter in the second degree as well as criminally negligent homicide. Neither charge got the necessary votes from the grand jury to sustain criminal charges. According to the district attorney, the grand jury heard evidence for two days prior to making a final decision not to charge the driver in this case.

Driving under the influence (DUI) and marijuana levels are hotly debated, both in states where marijuana is legal for recreational use, as well as those where it is legal for medical marijuana use, and in states where all marijuana use is prohibited. While officers can quickly ascertain blood alcohol levels, it is more difficult to determine levels of marijuana use and at what point a driver may be considered “under the influence.” If you or someone you love has been arrested or charged with driving under the influence it is important to consult with an experienced advocate. Marijuana card holders who are charged in California or out of state may have additional defenses available. Remember that local, state and federal marijuana laws are complicated and vary widely. Charges and penalties will also vary, depending on the facts of your case, whether there was an accident, injury, or other aggravating circumstances.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

More Blog Entries: Getting Started in the Medical Marijuana Industry, May 15, 2014, Los Angeles Marijuana Lawyer Blog Colorado Pot Seized by U.S. Postal Service on the Rise, September 22, 2014, Los Angeles Marijuana Lawyer Blog

According to the Huffington Post, the bill would have meant a DUI conviction even if you had trace amounts of THC in your blood. This means that any driver who smoked, regardless of how much and whether they were in fact impaired, would have been charged with DUI. With the increasing severity of DUI charges and penalties, the narrow dodge of the bill protects the rights of marijuana users and citizens in general. Our Orange County medical marijuana attorneys are dedicated to protecting the rights of individuals and business owners in the cannabis community. In addition to advocating for clients, we are abreast of legal issues and trends that impact marijuana users and industry leaders.

The original bill, a.k.a. AB 2500, drafted by Assemblyman Jim Frazier, would have meant you could be convicted of driving under the influence with any amount of THC in your blood stream. The legislation did amend the bill to set the legal limit at 2ng/ml (nanograms per milliliter), which is still much lower than the limits proposed by prosecutors and other legislators. According to medical marijuana advocates, any limit is unfair and potentially an infringement of rights as the metabolites can stay in the blood stream for days after use. The bill would have ensnared legal medical users who may have smoked days before getting behind the wheel. If passed, AB 2500 would have made legal medical marijuana users subject to strict DUI penalties, including jail time. Rightly so, the original bill triggered outrage among marijuana users and activists.

The bill also targeted users of cocaine, meth, heroin, morphine, and other drugs, but was defeated earlier this month. It would have made any marijuana user subject to DUI laws even if they were not impaired from prior use of THC. Even the revised bill could have made users with trace amounts in their system subject to harsh DUI penalties. Though some prosecutors and law enforcement officials claim that driving under the influence of THC is on the rise, there is also evidence to the contrary.

According to advocates, the legislation is unnecessary for medical marijuana users. Despite a trend in increased marijuana usage, the rate of accidents and arrests are on the decline. Medical marijuana users in California must be aware of their rights and potential liabilities. Our attorneys are abreast of marijuana laws and can aggressively defend the interests of users in the event of a dispute. In addition to protecting individual users, we are also committed to advocating on behalf of marijuana business owners.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

More Blog Entries United States Marijuana Laws Influencing Other Countries, February 14, 2014, Los Angeles Marijuana Lawyer Blog Cannabiz May Finally Be Able to Use the U.S. Banking System, February 13, 2014, Los Angeles Marijuana Lawyer Blog

Our marijuana defense lawyers in Los Angeles have seen the new legalization create more uncertainty, for citizens as well as law enforcement.

One of the biggest concerns in states like California and Colorado is that the lines of what constitutes impairment are blurred and still being developed.

For example, a man smokes marijuana or takes a dose of medical marijuana and gets in his car. He has a tail light out on his vehicle and is pulled over. During the traffic stop the officer may determine that the individual has been smoking marijuana.

If the driver informs the officer that he uses legal medicinal marijuana then the officer has to determine whether the driver is currently impaired. Here is the problem; THC levels can remain in the bloodstream for days or even weeks following the last use of marijuana products.

What complicates matters even more is that the legal limit of THC in the bloodstream is unclear. Researchers have estimated the point of impairment to be about five-nanograms per millimeter of blood, which is why many states have set the THC legal limit at five-nanograms.

However, there is a great deal of concern over the fact that there is no concrete way to determine impairment like there is with other substances, such as alcohol.

The result is frustrated and unsure law enforcement officers, and paranoid legal marijuana users. This dynamic creates problems on many levels.

For example, states that border California and Colorado where marijuana use is legal, have strict laws in place regarding the use or possession of the products, or being impaired.

Due to the wild discrepancies between state laws, a Colorado resident who takes medical marijuana and then travels to Utah could face criminal charges for using or possessing marijuana in the state of Utah.

With the laws being murky, and the continuing debate over the inconsistencies of the issue, marijuana users should be cautious and aware of how marijuana laws may affect them in a given location.

When in doubt you should err on the side of caution, know your legal rights, and always put safety first.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

More Blog Entries:

Marijuana DUI an Increasing Threat Amid Legalization Efforts, January 1, 2014, Los Angeles Marijuana Lawyer Blog Dispensaries Face Obstacles to Serve Young Medical Marijuana Patients, February 17, 2014, Los Angeles Marijuana Lawyer Blog

Our Los Angeles marijuana lawyers realize the issue is not that marijuana advocate encourage driving while high because they do not.

However, the problem is really with the specific enforcement measures some states are taking. Standardized methods of DUI enforcement for alcohol have been created, and while they suffer from their own problems, marijuana DUI enforcement may be even more complicated.

For example, law enforcement officials can carry around breathalyzers small enough to be held in one hand to measure alcohol consumption. However, developing a comparable testing method for marijuana is easier said than done.

In fact, its downright confusing. In addition, alcoholic beverages have an advertised potency in the form of percentage of alcohol in each drink. Typically expressed right on the bottle itself, determining potency of marijuana is a hazier proposition.

Marijuana also delivers its psychoactive ingredient, THC, in a variety of ways. It can be ingested in food form, applied topically (this method typically doesn’t have psychoactive effects), smoked, or even vaporized. The different delivery methods have different effects on the user.

Further complicating matters is the way THC lingers in a users body. As the active ingredient in marijuana THC and its metabolites have been the focus of testing measures. The main problem with this approach is that THC loves human fat cells and when marijuana is ingested in any form it gets held in fat cells.

The THC is then slowly released over time, in a heavy user this could take up to a month. The most accurate way to test for THC is a blood test but this usually requires driving the subject to a hospital.

Laboratory tests have also revealed a problem with consistency of marijuana and its effects on different users. Essentially, its been shown that users have a wide variety of reactions to having the same amount of THC in their systems.

Los Angeles has instituted a new testing method called “swab testing.” Law enforcement officials have touted this method of roadside testing as the wave of the future. Courts in California have yet to wrestle with the medical and legal validity of the swab technique and legislation regarding this method is likely.

Although there is a desire by advocates and law enforcement to have a black and white line for impairment with marijuana it is very difficult to do. Advocates fear that police officers will begin to ignore their own judgments of impairment and rely solely on the new swab technique.

As more and more states put marijuana on their ballots it is certain the issue of marijuana DUI will be a hot topic for the foreseeable future. As the momentum builds to legalize marijuana law enforcement officers and legislators will have to respond with commonsense ways to regulate its use.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. More Blog Entries:

Obama Admin Pot Policy Dazed, Confusing to Many, February 23, 2014, Los Angeles Marijuana Lawyer Blog Pharmacists Want a Piece of the Marijuana Business, February 5, 2014, Los Angeles Marijuana Lawyer Blog Additional Resources:

Driving Under the Influence, of Marijuana, Feb. 17, 2014, By Maggie Koerth-Baker, The New York Times

OurLos Angeles marijuana lawyers hope individuals do not drive under the influence of any substance, including marijuana. We also believe it is important to stay current with scientific research on the subject.

Recently in Washington State and Colorado a study revealed that test subjects had to smoke almost an entire gram of marijuana before they were too impaired to drive.

The test really showed how arbitrary legal limit (5 nanograms) is when it comes to resulting impairment. The volunteers were given one practice lap through the driving course designed to test basic driving skills and were then presented with a strain of marijuana known as blueberry train wreck for them to smoke.

After the initial run through the course the volunteers smoked three tenths of a gram of marijuana and drove through the course with a driving instructor in the passenger seat. With one of the volunteers at nearly seven times the legal limit (36.7 nanograms) the driving instructor stated that the volunteer was still performing satisfactorily behind the wheel.

Another subject was performing fine behind the wheel while driving with 26 nanograms of cannabis in his system – about five times the legal limit.

Studies like this really reveal the over-sensitivity built in to the driving statutes. Experts explain the study’s results make sense because individuals who are impaired on marijuana and driving tend to be hyper aware of their impairment and extra cautious as a result.

In contrast, an individual impaired by alcohol is frequently more aggressive and completely unaware of their level of impairment.

Opponents of marijuana legalization are quick to cite statistics about how many accidents involve drivers with marijuana in their system.

However, there is a complication with many of these statistics. The question is what else did the driver have in their system?

For example, if a driver has a large amount of alcohol in their system and a small amount of marijuana it is difficult to pin point which substance is responsible for the majority of the resulting impairment.

A lot of research indicates that alcohol is actually more damaging when it comes to driver impairment but its difficult to test the two combined.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734. More Blog Entries:

California: City Council to Review Bill Allowing Dispensaries , December 29, 2013, Los Angeles Marijuana Lawyer Blog Budding Industry for Labs Testing Marijuana, December 27, 2013, Los Angeles Marijuana Lawyer Blog Additional Resources:

How high is too high? KIRO tests pot-smoking drivers to find out, Feb 13, 2013, KIROTV.com.

Our marijuana lawyers in Los Angeles want to help keep the public informed of what the law is in California and the ways in which police officers are enforcing it.

Sometimes marijuana regulation can be a moving target, particularly in the current climate where many states are altering their statutes regarding marijuana laws.

Some 20 jurisdictions have legalized marijuana to some degree, but the number is sure to grow as the movement picks up steam heading into 2014.

A DUI for marijuana is defined as driving under the influence of drugs. In this case we are talking about marijuana but it can include other drugs as well.

Since blood tests are not capable of revealing when marijuana was ingested and whether it is still affecting an individual while behind the wheel, other methods must be used to prove the level of impairment necessary for law enforcement officers and government attorneys to get a conviction.

Under California Law an individual must lack the “ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.”

But what does this really mean? Of course every situation is different and you should seek legal advice if you’re faced with marijuana charges but generally California law requires its drivers to drive like someone ordinarily would if they were not under the influence of marijuana.

Unlike alcohol, a blood test is not an effective method. For this reason, California law enforcement officers are trained to look for other signs of impairment. Officers trained in identifying impaired drivers are known as Drug Recognition Evaluators (DRE). A DRE-certified officer is trained to observe for signs that a driver is under the influence of marijuana or other drugs.

Specifically for marijuana, such observations might include: short term memory impairment, dry mouth, relaxed demeanor, tremors, odor of marijuana, elevate blood pressure, increased pulse rate, and dilated pupils.

If you are pulled over and you think the officer suspects you of driving under the influence of marijuana then you should do your best to remain calm and make no statements or admissions to the law enforcement officer.

Wait patiently to be released from jail and provided a court date to start your fight against any potential charges.

Marijuana users should be aware that it is illegal to drive while under the influence even in places such as Washington and Colorado that have legalized recreational marijuana use.

Anyone arrested for marijuana DUI has the option of challenging the government’s case in court. An experienced attorney can help educate you on your options, depending on the specific facts and evidence present in your case. The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

More Blog Entries:

Marijuana DUI an Increasing Threat Amid Legalization Efforts, January 1, 2014, Los Angeles Marijuana Lawyer Blog Live Oak ban on marijuana upheld by Appeals Court, December 31, 2013, Los Angeles Marijuana Lawyer Blog

Our marijuana lawyers in Los Angeles question just how effective these tactics will be, but drivers who consume marijuana even for medicinal purposes will become prime targets.

Other methods of cracking down on pot smokers who drive are in the works as well.

The Riverside County district attorney’s office, for example, is using a grant from the California Office of Traffic Safety to “expand efforts to aggressively prosecute” motorists who consume marijuana before driving, according to a press release issued by county officials.

The $484,939 grant will pay for the expansion of a prosecution team that handles DUI cases from arrest to sentencing. Three specially-trained prosecutors will be assigned to handle drugged-driving cases throughout the county.

The program, which was started last year, has resulted in almost 300 convictions so far, county officials said. The grant adds two prosecutors to the one-person team. Inevitably, prosecutions are expected to increase.

Ultimately, the grant is going to mean more marijuana arrests in Riverside County, already a hostile place for users to live. The same is true in Los Angeles, where officials are using roadside checkpoints as a means to harass medical marijuana patients.

A City Attorney is pushing drugged-driving checkpoints across the city as a way of “enforcing all impaired driving laws,” he told the Los Angeles Times. Drivers stopped at these roadblocks are subject to saliva swabs used to test for marijuana, cocaine and other drugs.

Checkpoints that are typically used to catch drunk drivers are legal even without a warrant. The Supreme Court has ruled that the states’ interest in getting impaired drivers off the road outweighs motorists’ constitutional protections against unreasonable search and seizure.

However, this authority is not limitless, and police are bound to a strict set of guidelines. One minor misstep, and the entire case can be thrown.

Still, police can use breathalyzers on suspected drivers at checkpoints, even without evidence their driving is impaired. Courts have yet to rule on the issue of drug swabs.

It’s worth noting there are problems unique to roadside drug tests that don’t apply to alcohol screening. Alcohol is processed and completely removed from a person’s system in a matter of hours. Many illicit drugs leave behind trace metabolites even long after the user is sober.

The metabolites of many drugs clear the system relatively fast, within a matter of hours or a day or two. But some drugs, most notably marijuana, leave traces that can stay in the body for days, weeks or, in some cases, months. That means a driver who smokes and then drives days or even weeks later could still test positive for marijuana. Even lacking solid evidence of actual impairment, police could still arrest a person for marijuana DUI.

The standard of proof for conviction, however, is higher than for arrest. That’s why so many of these cases don’t result in a conviction when defendants choose to mount a challenge. The level of cannabis in the driver’s blood is just one piece of evidence. But some anti-pot activists want to change that.

A number of other states use a “per se” approach, which means a certain amount of a substance in a driver’s blood is legally sufficient proof of drugged driving. Still others apply a “zero tolerance” per se standard, meaning any amount of the substance is proof of impaired driving.

Opponents of marijuana reform in California have long been pushing for a zero reform law, which would make the state one of the strictest in the country.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

More Blog Entries:

Marijuana DUI an Increasing Threat Amid Legalization Efforts, January 1, 2014, Los Angeles Marijuana Lawyer Blog California: City Council to Review Bill Allowing Dispensaries , December 29, 2013, Los Angeles Marijuana Lawyer Blog

Our Los Angeles DUI lawyers do not believe anyone should drive under the influence of drugs or alcohol but would like to educate the public about recent scientific findings. The report shows that there is a much greater likelihood of detecting alcohol in the blood of a driver who was fatally injured than either illicit substances or prescription drugs.

Researchers evaluated the amount of drugs and alcohol in the blood of drivers who were killed between 2008 and 2011.

Investigators stated that the alcohol was found to be the most prevalent drug in the body of fatally injured drivers as they expected.

The study revealed that a very low percentage of fatally injured drivers had illicit drugs in their systems. These results run counter to law enforcement officials and others who are in support of strict zero-tolerance policies.

Zero-tolerance policies are utilized to restrict marijuana and its metabolites in the blood of drivers. The major problem with zero-tolerance policies is that metabolites from marijuana usage stay in the blood long after the effects of the cannabis have worn off.

The aggressive zero-tolerance policies disproportionately affect medicinal marijuana patients because they have metabolites in their system even when not under the influence of marijuana.

These results will not come as a surprise to researchers Researchers at the journal of Accident Analysis and Prevention. They conducted a similar study in 2012 with similar results and conclusions.

The researchers made the observation that the results were somewhat surprising when one considers the dramatic increase in arrests of drivers who are arrested as a result of zero-tolerance policies.

Investigators found stated that cases submitted for toxicological analysis have increased 10 times over but these aggressive law and order changes have failed to cause a meaningful reduction in the number of drivers under the influence of drugs.

A 2012 analysis of zero-tolerance policies in the United States revealed that per se drug laws have done nothing to reduce traffic fatalities.

A total of 11 states in the United States have instituted per se zero tolerance thresholds for any cannabinoid or their metabolites. It is important to note that per se and “zero tolerance” cannot be used interchangeably.

Per se is means that the drug test results are sufficient to convict a driver if they are over whatever threshold is set (but the threshold may be 5ng/ml, as it is in Washington state).

A zero-tolerance policy means that a driver is not allowed to have any cannabinoids in their system whatsoever.

To compare the two – a driver who has 4ng/ml of cannabinoids in their blood is per se guilty in a zero-tolerance state but would not be per se guilty in Washington state (please note that there are other ways to be found guilty under impaired driving statutes and only an attorney can properly advise you).

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Prevalence of alcohol and other drugs and the concentrations in blood of drivers killed in road traffic crashes in Sweden, November 21, 2013.

More Blog Entries:

Legal Possession: Should the Odor of Marijuana Amount to Probable Cause? , December 5, 2013, Los Angeles Marijuana Lawyer Blog Cannabis Patients Fight to Keep Rights , December 3, 2013, Los Angeles Marijuana Lawyer Blog

Our marijuana defense lawyers have seen many states enact presumptive thresholds for cannabinoids and their metabolites to combat driving while under the influence of marijuana.

Unfortunately, these tests can turn up positive for marijuana use that occurred previously and is no longer having an effect on the individual tested. If tests of this nature are relied on by the court system to catch individuals driving under the influence of marijuana then there is a significant possibility that innocent individuals will be convicted.

For these reasons it is good sign that a type of breath test for recent marijuana use is being researched and appears to be a viable alternative to blood tests.

The breath test for marijuana use would be similar to the test performed for driving under the influence of alcohol.

Marijuana advocates are not in favor of individuals operating a vehicle while using marijuana but have been apprehensive about blood testing due to its shortcomings.

The study gathered breath samples from individuals who regularly smoked marijuana and individuals who only occasionally smoked marijuana after they smoked a cigarette containing 6.8 percent THC (the active ingredient in marijuana).

The test revealed that presence of THC in the subject’s body but did not return results for the metabolites formed by the human body after THC consumption. This is an important distinction because the presence of a metabolite does not necessarily mean the individual is experiencing any effects of the marijuana or has smoked recently.

For the marijuana users in the study all smokers tested positive just under one hour after smoking marijuana but as time went on les and less samples returned positive results. By the four hour mark, only one user still registered a detectible amount of THC in the breath sample.

Breath testing is limited to a short detection window of about 30 minutes to two hours after smoking marijuana.

Depending on the strength of the marijuana consumed, the psychoactive effects wear off in about three to four hours.

According to studies, the THC blood levels peak between five and 10 minutes after inhalation and then decrease.

The results of this study are encouraging because blood tests can return positive results as much as seven days after smoking. Clearly a user is no longer stoned or impaired but could still be considered legally impaired.

The Colorado CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

More Blog Entries:

Legal Possession: Should the Odor of Marijuana Amount to Probable Cause? , December 5, 2013, Los Angeles Marijuana Lawyer Blog TSA Inconsistent Policies for Passengers with Marijuana, November 26, 2013, Los Angeles Marijuana Lawyer Blog Additional Resources:

Breath Test May Detect Marijuana Use, December 4, 2013, By Deborah Brauser, Medscape Multipsecialty.

Cannabinoids in Exhaled Breath following Controlled Administration of Smoked Cannabis, August 28, 2013, American Association for Clinical Chemistry

This is certainly not the first time the issue of driving under the influence of marijuana has arisen in the Golden State. In fact, there has for some time been talk and even a few failed attempts to establish a formal legal threshold for how much marijuana is too much when behind the wheel. Several other states, including Colorado and Washington, have passed legislation that establishes marijuana intoxication as a measurement 5 or more nanograms of THC per each mililiter of blood.

Of course, these laws have been highly controversial in light of the fact that marijuana is processed in the body much differently than alcohol and even many other drugs. While you are likely to find little to no trace of alcohol in a person’s body 24 to 48 hours after consumption, evidence of marijuana consumption is going to remain in the body for days if not weeks after it has been consumed. For those who ingest it on a regular basis (think medical marijuana patients) the levels of the drug in their system are inevitably going to be higher. That doesn’t necessarily mean the individual is intoxicated.

So that brings us to marijuana breathalyzers.

Most people are familiar with breathalyzers that detect alcohol in one’s breath. In fact, most states have implied consent laws that require drivers to submit to such testing if it’s requested by a police officer, or risk an automatic driver’s license forfeiture for a year.

Alcohol breathalyzers have been around for many years, although their validity and accuracy continues to be tested in courtrooms across the country. In some places, like D.C., prosecutors have been forced to toss hundreds of DUI convictions or pending cases because breathalyzers were shown to be producing inaccurate results.

Marijuana breathalyzers are even less tried and tested.

Just earlier this year, a Swedish firm developed a breath testing device that can reportedly reveal the presence of 12 different substances, including marijuana, cocaine, heroin, morphine and methamphetamine.

Many law enforcement agencies have been quietly eying the technology, as proof of drug intoxication is much more difficult than it seems. Many narcotic DUI cases rely heavily upon on-scene officer observations, which are far from scientific. Even if blood tests reveal the presence of certain substances, it won’t necessarily tell you whether a person is impaired.

The machines reportedly were still able to detect drugs on a person’s breath even 23 hours after consumption. According to Swedish researchers, the machine was able to correctly test the drug in 87 percent of the cases.

However, it’s unclear whether prosecutors would want to go to court with a test that had a 13 percent margin of error. Plus, the machine is so far unable to detect concentrations of the drug in one’s breath – only the presence of it. In that sense, it sort of leaves us where we started.

Some have suggested that the machines could be used on scene to confirm the presence of the drugs and that measures of concentration could be tested by blood later.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: Pot Breathalyzers May Come if California Legalizes Marijuana, Oct. 24, 2013, By George Kiriyama, NBC Bay Area More Blog Entries: Arizona Prosecutors: Medical Marijuana or Driver’s License, Sept. 1, 2013, Los Angeles Marijuana Lawyer Blog