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 Amendment’s prohibition against unreasonable search and seizure.