Have you gotten a marijuana dui but you had smoked hours ago and were no longer "impaired"? My name is Kelly Swanson and I am a reporter for the Peninsula Press, a project of the Stanford Journalism Program. I am writing an article about the issues surrounding the creation of laws concerning driving under the influence of marijuana in California, and I was wondering if there was anyone who could share their experiences of being pulled over for marijuana DUI while not actually showing impairment from using marijuana (in California or in other states). I am trying to describe the controversy of using a blood test for THC when it could show THC in the body from a while ago because THC is stored in fat cells. Please reach out if you or someone you know has had a similar experience or would like to discuss marijuana DUIs. Thanks!
I personally haven't but am worried most times when I drive because if a cop decided they wanted to blood test me, I would be fucked no matter when it happened since I have been a daily smoker for 7+ years...I now make sure I don't drive unless it is hours after I have smoked and I have brushed my teeth, washed my hands and make sure I don't look stoned, but still makes me nervous
they are testing for OOH metabolites that are the burnt out waste of active thc... the ooh can stay there in fat for a long time waiting to be eliminated... until; they can test active thc then it's just a game
I agree, I think there needs to be a better way. I smoke during the day, and drive only after the high is mostly gone to gone. Driving buzzed on weed and driving buzzed on alcohol are 2 different ballgames. Alcohol messes with your senses more negatively than marijuana, simply put. Obviously, it's recommended to drive sober but I do not believe a person who is buzzed is impaired to the point they can't drive.
For example, marijuana only slows reaction time. It does not really impair vision like alcohol can. A stoned person is more likely to drive slower, which results in non-fatal crashes, whereas a drunk will tend to drive fast and often results in fatal crashes. I think it's settled which one is worse for impairment.
@swanson9 Kelly. When I got my California DUI (driving under the influence) many moons ago I was only at .06 BAC under the .08 legal limit but the un-smoked joint in my Cig pack is what screwed me as far as the court system and my lawyer was concerned. Now I'm much older and use medical cannabis in extreme amounts to control post surgical site pain and spasms. While it's all hash-coconut oil capsules and I don't smell of Cannabis or act stoned a DUI checkpoint and a blood test would send me to jail no doubt. Thankfully I can let my wife drive most of the time but it is a concern. BNW
Consider skateboarding... you cannot drink and skateboard. People try, and they suck at it. But, you can smoke and skate. That is a fact. And skateboarding demands more of the senses than driving; not even close.
skated so many times with a kick ass buzz! any enhancements make skating great! alcohol is for after skating when you need to sit down LOL
Any medical marijuana patients have any stories/opinions about their fears of driving because of the potential of being pulled over and having a blood test taken?
opinions are that until there is a way to test for active metabolites its all a sick game to put money in the law enforcement officers wallets to test for burnt out metabolites for a joint smoked a month ago to convict for being inebriated on the spot for... that is complete crazy and it's all because of lack of scientific proof or lack of correct testing devices...
The dui being only .04 when other drugs are present has been around for a long time. I got lucky and got off on a dui charge like this in the early 90s because they took blood instead of urine when I had requested urine. I was .04 at the time and had a bag of pot under my seat. THC Breathalyzer is developing a test they say can detect recent use. I read there is a pilot of this underway now. I wont drive anymore after smoking unless it is an emergency. It just isn't worth the risk for me.
Hi guys- I got a marijuana DUI back in January of 2017. I got pulled over that night, I guess I was driving with a suspended license. I didn't even know my license was suspended. My car is under my name , AND my moms name. I wasn't swerving I wasn't speeding, or anything. I was driving perfectly fine and just got stopped. The only reason I could think for the cops to pull me over on the first place would be if they searched my plates and saw someone had a suspended license registered to it? But still, my moms name is under the car I was using too and her license is valid... anyways I got pulled over, they asked me to step out and do sobriety tests. I had to tilt my head and estimate 30 seconds. I was right on point. They tested me eyes , they had me walk in the straight line. They said I "FAILED" the test because my body was shaking. First off- I'm a 20 year old female, I've never been to jail, of course I'm gonna be scared !!!!! My mom was in a different country at the time this happened, and I was freaking out! I didn't have anyone to call and I didn't know what to do. Not to mention it was the middle of a RAINY night in January and I was pulled over on the side of the road where all the cold wind hits me from the cars passing by . I was wearing sandals and a thin sweater. I was shaking because I was cold and scared. And it didn't make me feel any better that the cops were pressuring me for answers. There was 3 cops total, and one of the officers was new and was being trained. anyways the cops tried to say I failed the sobriety tests and I got my car impounded and they took me to jail. At jail they continued to do sobriety tests they tested my eyes and everything . They had me consent to a blood test , which the only reason I DID consent to a blood test was because they pressured me into it. They said my charges would be way worse if I didn't, and that my license would be suspended for a year. I had no idea what to do ?! They didn't let me call anyone. That night I didn't even know what I got arrested for or if I was being charged? I was so confused and the cops never gave me a piece of paper explaining anything ?! I left totally empty handed and confused. Now it's September and I barely got my court papers. I'm not sure what to plead. This is bullshit , I feel like cops just pressure or pick in people who don't correctly know the law and their rights. (I was one of them) the Cops never once told me I was swerving or showing any signs of impairment. So how do I get a DUI ? I've been a daily smoker for about 2 years now, so OBVIOUSLY THC is gonna show in my system, but that doesn't mean I was high at that time. I really want to fight this because it's unfair. I'm already struggling to pay student loans and other bills off and now I have to deal with more bs♀️ I live in wack ass Arizona and have my medical marijuana card. (I got it after I got arrested. )
Gosh, I hope you get this in time! First..."not guilty, not guilty, not guilty!!!" Next, postpone, postpone,postpone!!! These DUI's over cannabis violate SO many criminal procedure rules, civil liberties, and more obscure legal doctrines. Please PM me! We don't need to get married or anything lol but I'd need a bit more info, to direct you to someone, or what to tell your lawyer to do. Don't plead guilty and put the case off as long as possible to "seek appropriate counsel for such a newly enacted offense." THATS reasonable. Right away find the name of the lab that did the tests, the person who took the blood, the testing equipment used and how long everybody has been testing FOR this and in general. There's more but I have too much to do, and I;m in too much pain to continue now.
I'm not a lawyer but I'd say your issue is so full of holes that the lamest public defender can get you off the pot charge, especially if you explain and show them you got a card.. The test situation is probably what got you because they had to "go by the book."