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California Company Claims They Have Created the First Marijuana Field Sobriety Test

Posted on in Drug Crimes

San Jose marijuana DUI defense lawyer, recreational marijuana, drugged driving, THC breath testing device, DUI trialThe legalization of both medicinal and recreational marijuana has been growing immensely in recent years. As of 2018, nine states and the District of Columbia has legalized recreational marijuana, and 30 states — including D.C. -— have legalized medicinal marijuana. One of the concerns that lawmakers and police have had about this widespread legalization is the potential increase for those who are under the influence of marijuana to be out driving.

Marijuana Impairment Test Functions Like A Breathalyzer

Hound Labs Inc., which is based out of Oakland, claims that they have created the world’s first reliable breath testing device that can detect THC, which is the psychoactive and intoxicating ingredient in marijuana. The company states that THC is only detectable in a person’s breath during a window of time when impairment is at its peak — about one or two hours after a person has ingested marijuana. The company also said that their research showed that the level of THC in a person’s breath dropped to zero after about three hours.

Traditional Ways of Detecting Marijuana Usage

There are not really any reliable ways of detecting marijuana usage in drivers like there are with drivers who have consumed alcohol. Field sobriety tests and breathalyzers have been used to determine whether or not someone is under the influence of alcohol while driving, but prior to the invention of this device, police had to rely on observations of red eyes or the unforgiving smell of marijuana.

Sometimes, blood or urine is taken to determine whether or not a person is under the influence of marijuana, but those tests are inaccurate when testing for THC because they can determine whether or not a person was under the influence of marijuana earlier that day or week, not necessarily when the person was driving.

What Does This Mean For Marijuana Users?

In the state of California, both recreational and medicinal marijuana is legal, but there are certain rules you must still follow. One of those rules is that it is still illegal for people to smoke marijuana and drive while under the influence. It is also illegal for anyone to smoke, vape or consume marijuana in any way while in a motor vehicle, regardless of whether or not you are the driver or passenger, and whether or not the car is moving or parked and off. If a device like this becomes approved for use, marijuana users may have more evidence presented against them in a DUI trial.

Contact a Silicon Valley Marijuana DUI Defense Lawyer

While those who are over the age of 18 are now legally able to purchase and consume marijuana and marijuana products, there are still certain things that you must be careful about. If you have been caught driving while under the influence of marijuana, you should immediately contact a San Jose marijuana DUI defense lawyer. THC detection technology is still being developed and perfected, rending THC chemical tests unreliable. Contact the Law Offices of Erik Steven Johnson to protect your rights and keep you free from charges. Call the office at 408-246-3004 to set up a consultation.

Sources:

https://www.usatoday.com/story/news/nation-now/2018/08/07/pot-breathalyzers-hound-labs-marijuana/912705002/

https://houndlabs.com/product-overview/

https://www.mprnews.org/story/2018/08/04/npr-california-company-says-its-created-an-instant-marijuana-breath-test-device

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