Posted on 12/12/2014 12:12:06 PM PST by ConservingFreedom
The hand-held breath test, which is expected to become available in February, can detect a presence of THC on the breath for up to two hours after use. (Credit: courtesy photo)
Six months after New York State lawmakers voted to legalize marijuana use for medicinal purposes — and as pot laws become more relaxed across the U.S. — the availability of a breath analysis test to help determine if drivers are under the influence is that much closer.
Researchers with a Canadian company called Cannabix Technologies Inc. say they have the technology for a THC detection test that’s similar to an alcohol breath test. And local law enforcement officials say such a device, once available, will be a welcome addition to an officer’s tool belt. Currently, officers who believe a driver is under the influence of the mind-altering drug have no option but to pursue blood testing to determine the presence of THC, so results are not immediate and often require a warrant.
“I think it would definitely be helpful as a roadside test, but just like with alcohol, you still need to bring someone back to headquarters and get results you can prosecute them on,” said Southold Police Chief Martin Flatley.
To justify taking a person back to headquarters, officers currently rely on field observations, such as seeing or smelling marijuana.
“If someone was smoking marijuana, usually it has such a strong odor that it is really pretty easy for officers to identify,” he said. “But any tool like that, that helps us to identify an impairment, is useful.”
Cannabix president Kal Malhi, a retired member of the Royal Canadian Mounted Police, said development of the breath test began in April 2013, thanks in part to a number of police officers who invested in the idea.
“When medicinal use made it more readily available and recreational legalization made it more socially acceptable, we believed there needed to be a tool available to address driving or workplace needs,” Mr. Malhi said.
The test, which is administered in the same fashion as an alcohol breath test, can detect THC for up to two hours after marijuana use — no matter how it is ingested, as the lungs will eliminate THC over a two-hour period, he explained.
The current test cannot quantify the amount of the chemical, though the company said that is the next step in advancing the technology.
“While blood is accurate in getting the THC content, for police or a workplace to do a blood sample — it is a very invasive process,” Mr. Malhi said. “Police need the help of a medical professional and it is a lengthy process — and most emergency rooms are already busy.”
Mr. Malhi said the goal is to make the device available to police departments for around the same price as current alcohol breath tests, between $800 and $1,200.
He said Cannabix is currently waiting on a number of patents for the technology and expects prototypes to become available in February.
Riverhead Police Chief David Hegermiller said he was happy to hear a tool is in the works, adding that combining it with available breath analysis technology to test for both THC and alcohol at once would be even more efficient for officers in the field.
The 24-page Compassionate Care Act, signed into law by Gov. Andrew Cuomo in July, makes New York the 23rd state in the country to allow the sale of medical marijuana, which will be available only in edible and vaporized form. The legislation establishes a registry process and requires patient ID cards for those seeking to use marijuana. The state’s department of health now has 18 months to develop guidelines regulating dosage amounts.
Evan Nison, a co-founder and director of the New York Cannabis Alliance, said, “We certainly want to make sure that people who are driving too drunk, high or tired are not behind the wheel, and this is taking a step towards that.”
He said the THC detection technology will help “bring comfort to the general population and also make sure people who are impaired aren’t driving — and that those who do are held responsible.”
Mr. Nison said as long as the regulatory processes that come along with the technology are fair, the availability of a curbside test is a positive step toward the legalization of marijuana.
“A majority of New Yorkers, they support legalization but those numbers could go up even further if there is that comfort there,” he said.
“All Field Sobriety Tests are VOLUNTARY, NOBODY is ever required to take one. Nor is anybody required to blow in a hand held device in the field, it also is VOLUNTARY.”
Driving licenses in California are a privilege, not an absolute right. One condition is agreement to allow sobriety tests.
Refuse a test, lose your license. that simple.
Licenses can be revoked by the courts, by the licensing department or both.
In addition to alcohol, impairment can come via prescription drugs, cocaine, heroin, amphetamines, peyote, marijuana, etc.
I am not aware of the scientific research to prove the levels of impairment metrics, test procedures, etc.
I see that a lot of butthurt FR dopers have come out of the woodwork.
You aren’t kidding. They’re not at all happy that they might not be able to get away vaping and driving.
ROTFLMAO
Nah, gotta be the Jalapeno flavored variety to get me to move towards a bag of Cheetos...
Field Sobriety Tests are VOLUNTARY!!
A simple google search will help you understand
And as I wrote, in California your license can be revoked, suspended by either the courts, or the DMV-administratively or both.
When you accept your license, you sign a binding legal contract, which states that if you refuse a sobriety test, your license can be revoked, administratively.
I already know this without google. Your citation regards the legal-court side of license loss.
Most DUI attorneys specialize, and would advise against sobriety testing. They get a case and $thousands of your money, and you get your license revoked administratively by the DMV.
But hey, why not go for it? If you are drunk, you will eventually lose the license BOTH ways.
I would expect the sentencing judge to be more harsh with those who refused the tests.
You seem to have a hard time understanding the difference between a “Field” sobriety Test and a chemical or breath test administered after arrest either at the station or the hospital.
A Field Sobriety Test is given before arrest in the FIELD, that means it is given at the time and place you are initially pulled over or stopped, and is 100% Voluntary, and it CANNOT be used against you for refusing.
A Breath or Chemical Test is Given After Arrest either at the Police Station or the Hospital and it is a requirement of your privilege, if you refuse either they will suspend your license.
I didn’t realize you were on Probation for Drunk Driving, because if you are on Probation for Drunk Driving then the Field Sobriety test is REQUIRED. My advise is to try staying sober before you drive next time.
23154. (a) It is unlawful for a person who is on probation for a
violation of Section 23152 or 23153 to operate a motor vehicle at any
time with a blood-alcohol concentration of 0.01 percent or greater,
as measured by a preliminary alcohol screening test or other chemical
test.
(b) A person may be found to be in violation of subdivision (a) if
the person was, at the time of driving, on probation for a violation
of Section 23152 or 23153, and the trier of fact finds that the
person had consumed an alcoholic beverage and was driving a vehicle
with a blood-alcohol concentration of 0.01 percent or greater, as
measured by a preliminary alcohol screening test or other chemical
test.
(c) (1) A person who is on probation for a violation of Section
23152 or 23153 who drives a motor vehicle is deemed to have given his
or her consent to a preliminary alcohol screening test or other
chemical test for the purpose of determining the presence of alcohol
in the person, if lawfully detained for an alleged violation of
subdivision (a).
(2) The testing shall be incidental to a lawful detention and
administered at the direction of a peace officer having reasonable
cause to believe the person is driving a motor vehicle in violation
of subdivision (a).
(3) The person shall be told that his or her failure to submit to,
or the failure to complete, a preliminary alcohol screening test or
other chemical test as requested will result in the suspension or
revocation of the person’s privilege to operate a motor vehicle for a
period of one year to three years, as provided in Section 13353.1.
I already knew the law, but here it is just in case you actually wish to learn something. Usually the only kind of person that says the Field Sobriety test is REQUIRED for EVERYONE is a Cop. Most of the time they will Threaten Arrest for Refusing a Field Sobriety. In the Legal World we call that FELONY EXTORTION. Threatening Criminal Action in a Civil Case or where there is No Articulated Reasonable Suspicion that a crime has been committed.
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