Posted on 12/04/2014 5:37:59 AM PST by DBCJR
With marijuana legal in Alaska, Colorado, Oregon, and Washington; decriminalized in 13 more states; and available by prescription in 6 more; there is a growing concern about driving and other activities while under the influence. Several companies are rushing to provide a breathalyzer to accommodate these concerns. The device is timely, since there is currently no way to verify recent marijuana use without taking spit or urine samples a practice that would involve the collection of DNA and potentially run afoul of sections 7 and 8 of the 4th Amendments prohibition against unreasonable search and seizure.
(Excerpt) Read more at us1.campaign-archive1.com ...
Should be pretty easy to make a portable machine that sniffs for Dorito-breath and checks for stoopid.
It would be ridiculously intrusive.
I hang out with friends who smoke the stuff, while I don’t. Not my cup of tea.
So a cop pulls me over and smells weed on me and suddenly they are searching my car?
Maybe they begin using computer sniffers and they are nkw searching my car?
I wonder if it measures active blood levels, and indicates intoxication, or is like the near worthless/ethically questionable urine/hair follicle screen that employers typically use just indicates usage within the past few weeks or months(in the case of hair), not necessarily active intoxication.
Surely it would have to show active intoxication, or how could one be charged with driving under the influence/while intoxicated?
Since marijuana is legalized or decriminalized in several states, will a federal judge now deem all state marijuana laws “unconstitutional” based on “equal protection?”
Probably cause should be based on something physical that a LEO can prove that he saw, rather something that he “smelled” or because you had an expression on your face he happens to not care for(”he was acting suspicious”). Both are either HIGHLY subjective, or they can simply just make it up. Perhaps a middle ground can be found, and they should need to have another officer come and reach the same conclusion. Preferably a supervising officer.
What if I’m typically sarcastic or skeptical?
/S
PS:
****”Probably Cause” = Probable Cause (LOL)
(I believe some of them may use “Probably Cause” though)
If you’re checking for stoopid, you’re gonna need a bigger jail.
Love, Chief Brody
I’m all for a test. But I wonder if it can distinguish between a THC level of intoxicated vs. residual traces. I am pretty sure that level has not been medically determined.
“I hang out with friends who smoke the stuff, while I dont.”
Second-hand smoke kills...or at least, might get you busted.
Just offer the suspect a slice of pizza and study the reaction...
0.08 BAC headed down to 0.03 BAC (on it’s way down to Sweden’s 0.01 BAC) federally imposed (via highway gas tax monies) sailed by without dope smokers giving a damn.
Demonizing alcohol does nothing to make society more perfect for smokers (same with the lack of concern as tobacco use was restricted and grounds for employment termination).
“impaired” accidents are not occurring at the low BAC levels either (and it was never the goal of the founder of MADD).
“active” intoxication is not the standard. A driver can still be charged with DWI below the BAC standard, it’s just more difficult to convict. Blowing over the number becomes its own procedural crime.
Makes money for the state, the county, the courts, the insurance companies, the politicians...
That’s why I smoke Benson & Hedges 100 Menthol.
I get cancer with a breath freshner.
It also helps with busy bodies and statistics. ..
That will be a very valuable patent.
Currently the DOT treats marijuana as a Schedule I drug, if the feds legalize it, they will need to treat THC like alcohol. In addition to every LEO in the country, every medical facility that does DOT testing will need a unit.
I’m not much of an investor but there is definitely an opportunity here.
Prolly cause...
Hey, my new joke:
Q
How do you find Will Smith in a pile of snow?
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..
A
Look for Fresh Prince
Easier to just look for candy wrappers in the backseats.
Since fireworks are legalized in several states, has a federal judge deemed all state fireworks laws unconstitutional based on equal protection?
I'm opposed - but then, I'm not a dope smoker but just a defender of dope smokers' liberty.
Demonizing alcohol does nothing to make society more perfect for smokers
I've never demonized alcohol - I have pointed out that many anti-dope arguments apply as well or better to alcohol.
(same with the lack of concern as tobacco use was restricted
Requiring restaurant, bar, and club owners to ban smoking was and remains immoral.
and grounds for employment termination).
I think employers should be free to hire and fire for any reason they deem fit. I haven't heard that anyone has been fired for smoking tobacco.
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