Canada to become first G7 nation to legalize marijuana

[JKDS]

I get the idea that a single (BAC) number is the line and you're on one side of that line or the other, and the action for the officer to take is clear. However, the specific BAC at which an individual is more of a risk than otherwise is personal to them. Some people can't handle a single drink, other people can toss 'em back (Geez, is this right? Seems right).

However, alcohol and driving were around long before a roadside BAC test. Remember saying your ABC's backwards or holding your arms out horizontally to your sides and bring one finger to touch your nose? Those were personalized tests to determine if an individual had capable motor function and reasoning to operate a vehicle.

I would much prefer an individualized test of reasoning (or reaction time) and motor functions. I do not know at all how (in)accurate the old method was, but it was not ideal, either. I assume leaving the decision to the subjective judgement of the officer on the scene caused it's own form of problems.

Field tests are very much still a thing, and are often used as additional evidence or preliminary evidence. They suck tho.

Also, states all do different crazy things. Arizona has an "implied consent" law. That means that when you get licensed to drive, you consent to blood tests for BAC (assuming probable cause). Refusing is an instant 1 year suspension of your license, then the officer gets a warrant and does it anyway.

IIRC the tests for MJ used to be terrible. They tested for THC, but failed to distinguish between the two different types of THC. One is the relevant kind, and it gets released or whatever due to using it and being impaired. The other type however is something that is a byproduct of use. It binds to something in your body, and stays there for weeks on end. A lot of THC testing methods used to (and still do?) test for this longer lasting type...which is pretty problematic.

There are "zero tolerance" policies in some states tho, and these say things like "if impaired to the slightest degree". With that, a specific level doesn't matter...and smelling might be just cause to arrest for use. But that goes out the window if medicinal use is permitted.

[a500lbgorilla]

There are "zero tolerance" policies in some states tho, and these say things like "if impaired to the slightest degree". With that, a specific level doesn't matter...and smelling might be just cause to arrest for use. But that goes out the window if medicinal use is permitted.

Alright, arrest me.

How are you gonna lay up against my attorney?

[JKDS]

Alright, arrest me.

How are you gonna lay up against my attorney?

You're assuming nothing was found in the resulting search incident to a lawful arrest, or the inventory search, and also that a prosecutor prosecutes.

Only where MJ use is legal in some form does smell not qualify.

Even still, a he said she said with two officers vsing a drug user doesn't often end in the defendants victory