Driving under the influence of any drug is never advisable. Still, most California cannabis DUI lawyers will tell you that a positive THC test on its own usually isn’t enough to build a criminal case against a driver. That’s because THC, the psychoactive compound in cannabis, not only stays in the system for a long time, it also intoxicates in small quantities. That makes it harder to detect than alcohol. Further, even a positive test showing high THC levels is a poor means of determining actual intoxication.
As our Los Angeles cannabis criminal defense lawyers can explain, the fact that someone tests positive for THC only shows that they used it at some point, but that could have been an hour ago, last night or last week. This has long been the bane of police and prosecutors in these cases, though some states have established arbitrary THC-blood concentration limits anyway.
Now, an Oakland business says they have a remedy. They are ramping up for the release of a new marijuana breathalyzer test that purportedly is able to nail down whether a motorist’s pot use occurred within a three-hour window. The company, Hound Labs is reportedly slated to start up a marijuana breathalyzer pilot program in Oklahoma, approved just last month by state lawmakers and the governor. California cities are eyeing the technology too.
The makers of this and other similar devices say it could also be used by employers who want to make sure their workers aren’t high on the job. This might be of particular interest to those who operate trucking, construction and warehousing operations.
Still, it’s not exactly clear how the device works and how accurate it is. While the program is still operating as a pilot, the THC concentration results won’t be admissible in court. Continue reading