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I think all the same rules apply with cannabis. So, if you offer no probable cause then you will not be charged and you cannot be forced to allow a blood test.
If you want cannabis to be legalized, then you better get used to the idea of DUI laws applying to pot smokers.
marijuana smokers and society that we will use responsibly. If not, we will suffer the consequences, just like if we were caught driving under the influence of alcohol or prescription drugs (nasty shit, and worse than alcohol a lot of the time, personal experience here).
At the same time we should have rights as marijuana users, just like alcohol and prescription drug users, to use our medicine responsibly and this should fall on the individual user. There are people out there who will use irresponsibly and if there isn't a counter action to that then we will all be looked at as a great risk to the rest of the people on the road.
The legalization effort needs to emphasize that it is currently illegal to drive under the influence of cannabis and that is not going to change. We can't let the anti-freedom thugs get away with the claim that there will be Armageddon on the roads if cannabis is legalized.
We cannot win the PR war by claiming that cannabis does not impair judgment, reflexes, etc. First of all, it is not true, and second it makes this an us against them fight. We need ordinary citizens who have no interest in cannabis willing to join us in voting to legalize because it is the smart, humane thing to do.
Hey, I am all for punishment if caught driving impaired on anything. The truth is I know many people who take so many meds which make them vegetables and yet they drive. How is it that pot is public enemy #1 yet the pharmaceuticals are not pursued? How can someone with 'a mental condition' hopped up on tranquilizers still retain a license yet someone who smokes pot is automatically a liability? This system is so flawed by ignorance/corruption that it seems nobody wants address the real problem.
My local POLICE department has three officers that have been trained to test people for being under the influence of drugs and if you fail their drug test they can legally have blood drawn from you for confirmation and charge you similar to DUI!
Never argue with an Idiot; they will only drag you down to their level and then beat you with experience!
The problem with current testing methods is that they do not actually determine THC levels. Testing for MJ use involves detecting the metabolytes of THC, and not the THC itself. If the scientific community could set a standard for how long the metabolic process takes, and put a timeline on each phase, we could determine recent use (within a couple hours) from use that occurred a week ago.
Anything I post here is only intended to help those who are living in a state where doing what we discuss here is legal. If your state doesn't allow the activities discussed here in these forums, please disregard anything I say. (Hey, it works for juries, doesn't it!!!)
Motorists suspected of DUI / DWI are routinely asked by police officers to perform one or more field sobriety exercises. These voluntary "tests" (yes, voluntary) were developed by police agencies to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence of alcohol or drugs. Through the performance of these tests or evaluations, the officer subjectively determines how the motorist reacts to and performs the requested tasks.
Almost EVERY knowledgeable DUI / DWI attorney will say to you, "NO. Don't attempt ANY 'field tests'---EVER." That is because many studies have concluded that the SFSTs are "designed to fail".
I agree with you about the metabolite point, but I am not sure if a metabolite test could ever be reliable in determining current intoxication.