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Marijuana and DUI

by Tom Hudson

From the looks of things, marijuana is going to be legalized in an increasing number of jurisdictions in the years ahead. And even where it's not legal, there are still a lot of people who relax with a blunt now and then. That means there will be more cases of driving under the influence of marijuana. What does that mean?

For one thing, it means DUI lawyers will have to be familiar with more than just alcohol metabolism. Knowing how the body metabolizes THC will be essential to defending cases of "stoned" driving.

For example, did you know that many forensic labs don't test for Delta 9-THC, the active ingredient in marijuana? It's true. Lab reports often report the presence of "Carboxy-delta 9-THC. BUT IT'S NOT THE SAME THING as Delta 9-THC.  It's a chemistry thing.
THC Chart Here's a short course in pharmacokinetics--when marijuana is smoked, the active ingredient is Delta 9 THC. Within a couple of hours, the body has metabolized that Delta 9 to something called Hydroxy-THC. Hydroxy THC also gets you high, and is then metabolized to Carboxy-THC.

The thing about Carboxy THC is that it has no impairing effect on your ability to drive! So why do they test for it? Because it stays around in your system for hours, days or even weeks. But its presence says nothing about your ability to drive.

So if a citizen is charged with driving while high, but the lab finds only Carboxy THC, it means that the driver WASNT impaired!

There are a lot of lawyers over the years who have allowed their clients to plead guilty just because they saw "THC" on the lab report and didn't realize that carboxyl THC isn't the same as the stuff that gets you high.

If you have a case that involves marijuana, then you need to seek a lawyer who knows the difference.  And that's us.

 

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