Alcohol & Drugs: DUI, DWI Test for driving under the influence of marijuana or cannabis?

[jokertoker]

Jurisdiction

New York

I am a responsible person that takes medicinal marijuana and likes to smoke weed and consume cannabis products. I wait at least an hours before I drive after consumption or smoking. I haven't been stopped but am worried about that first time when I might be stopped at a sobriety checkpoint and whether something might show up. What tests are there to detect the presence of marijuana? I was told there isn't anything in your blood that is reliable and that I shouldn't worry, but I do. I also don't know if you can get ticketed and arrested for DUI or DWI (i don't know the difference technically) and whether intoxication laws cover marijuana. Can someone clear this up a little?

 

[army judge]

What tests are there to detect the presence of marijuana? I was told there isn't anything in your blood that is reliable and that I shouldn't worry, but I do

No need to worry, IF you STOP smoking "wacky weed".

If you smoke the weed, or eat so called wacky weed edibles", do what alcoholics do, stop drinking alcohol.

Its in your best interests to NEVER operate a motor vehicle AFTER consuming any kind of narcotic, mood altering chemical, or other forms of dope.

If you can't control yourself, the police wileventually nab you. God forbid you don't kill a 10 year old riding her bike, a 12 year old chasing his ball into the street, or a 30 year old jogging.

Mood altering chemicals are best not consumed, but consume them you must, STAY IN YOUR HOME, DON'T VENTURE OUTSIDE OF YOUR HOME FOR AT 24 HOURS AFTER CONSUMING ANY MOOS ALTERING SUBSTANCE!!!!

THC stands for tetrahydrocannabinol, believed to be the primary mind-altering chemical (active ingredient) found in marijuana.

It is usually tested for in urine with a cannabinoid screen and confirmation test to determine if THC or related chemicals from marijuana called metabolites are in the urine. The test is considered very accurate.

Why Is a THC Drug Test Performed?

Testing for THC may be performed:

• If you show signs of drug abuse
• To monitor drug abuse treatment and to quickly note any signs of relapse
  • Regular testing can often help people recover from drug abuse more successfully
• As a requirement before being hired for a job

How Long Is THC Detected in the Body?

A positive test result can indicate there was recent and past marijuana use. A urine marijuana test will be positive if the amount of THC in the sample is more than 50 nanograms per milliliter (ng/mL). If a test is negative but a person used marijuana recently, THC levels may be below this level.

If a urine screening test is positive, a confirmation test can be done by a more sensitive method to ensure the original test result is a true result.

THC can stay in a person's system even after marijuana use has stopped, and urine tests can't show the exact day or hour marijuana was last used. The amount of time THC stays in a person's system depends on a number of factors, such as:

• How often it's used
• Length of time since the last use
• Level of THC in the marijuana
• A person's metabolism and how quickly they process THC
• A person's level of hydration

Several different types of tests are used to detect the presence of marijuana. THC, the active component, can be detected in:

• Urine (the most common type of test used)
  • One to three days for infrequent users (less than twice/week)
  • One to three weeks for moderate users (several times/week)
  • One month or more for heavy users
  • One to five days for people who eat marijuana, such as in edibles
• Hair: for up to 90 days
• Saliva: for up to 48 hours
• Blood: for up to 36 hours

What Happens to the Body When You Smoke Marijuana?

When a person smokes marijuana, the THC (tetrahydrocannabinol) passes through the lungs into the bloodstream, where it is transported to the brain and other organs. THC interacts with what is called the endocannabinoid system, which consists of natural cannabis-like lipid-based neurotransmitters produced by the human body, where the THC can impact parts of the brain that affect sensations, movement, coordination, memory, reward, and judgment.

The effects of weed are felt right away when it's smoked, and the sensations typically last for one to three hours. If eaten, such as in edibles, the THC may not take affect for 30 minutes to an hour, but the effects can last for several hours.

Side effects of marijuana use may include

• Altered senses
• Distorted sense of time
• Decreased coordination
• Difficulty thinking clearly or problem solving
• Memory problems
• Mood swings
• Fear
• Paranoia
• Anxiety
• Hallucinations
• Delusions
• Increased appetite

 

[adjusterjack]

I also don't know if you can get ticketed and arrested for DUI or DWI (i don't know the difference technically) and whether intoxication laws cover marijuana.

You can and they do. Read the following article.

DUI vs. DWI in New York: Understanding the Key Differences and Penalties - Pardalis and Nohavicka Attorneys

DUI vs. DWI in New York: Understanding the Key Differences and Penalties Driving under the influence (DUI) and driving while intoxicated (DWI) are two criminal

www.pnlawyers.com

 

[Michael Wechsler]

If I only had a dollar every time I heard someone tell me that marijuana and cannabis consumption makes them a better driver. Consider taking the same precautions as a responsible person would after drinking alcohol and making sure that you are certainly free and clear from the impact of the substance and of any impact that it may have on your person in conjunction with other substances and circumstances (like a late hour and your potential drowsiness.) Plenty of reading material above for you to get an education.

 

[Tax Counsel]

The big focus on alochol in public service ads (PSAs) unfortunately leads a lot of people to think that using drugs won't result in a DUI/DWI problem. However DUI laws make it illegal to drive under the influence of any substance that impairs the driver's ability to drive safely. In addition to alcohol this includes over the counter drugs, prescription drugs, various herbs and other substances that people consume. If the officer can smell the weed or see any weed in the car and your actions (like how you were driving, how you talk to the officer, how well you walk and do other tasks that require coordination and focus) indicates that you are impaired that can be enough to get you convicted on a DUI/DWI charge. There doesn't have to be a certain minimum level of the substance in your system to get convicted. If you are showing signs of impairment and have a blood alcohol content of less than .08 you also may be arrested for DUI, which is another thing a lot of people don't realize.

The smell of anything you smoke tends to permeate your clothes and other things that can trap the smoke particles. As you know, weed has a very distinctive odor. Regular users of weed get used to the smell and don't smell it when it is obvious to others. So if you or your car's interior reek of the smell of weed and you show any signs of impairment you might well end up charged with a DUI. Your concern is justified. The fact that there is no rapid roadside test for the amount of weed in your system doesn't mean you are home free and can't end up with a DUI/DWI conviction.

 

[zddoodah]

I haven't been stopped but am worried about that first time when I might be stopped at a sobriety checkpoint

A couple of questions: How long have you been driving? How many times have you been stopped at a sobriety checkpoint? How many times have you seen a sobriety checkpoint? FWIW, my answers are 41+ years, zero and maybe one.

What tests are there to detect the presence of marijuana?

A simple google search would have answered this question (if you add "new york" to the search query, you'll get all the information you could possibly want).

I was told there isn't anything in your blood that is reliable and that I shouldn't worry

Told by whom?

I also don't know if you can get ticketed and arrested for DUI or DWI (i don't know the difference technically)

"DUI" is an acronym that means "driving under the influence." DWI is an acronym that means "driving while intoxicated."

and whether intoxication laws cover marijuana.

They do.

 

[Michael Wechsler]

Coincidentally, in the New York Times on New Year's Day:

As Marijuana Use Grows, Effect on Road Safety Remains a Blind Spot

Scientists want to create breathalyzers that show how recently a driver used marijuana. Researchers also are studying how cannabis impairs motor skills and reflexes for habitual and occasional users.

www.nytimes.com

Some excerpts:

• Scientists want to create breathalyzers that show how recently a driver used marijuana. Researchers also are studying how cannabis impairs motor skills and reflexes for habitual and occasional users.
• Lawmakers in at least 10 states have prohibited driving with any level of THC, the intoxicating component of cannabis, in a motorist's system. Legislators in several other states, including Montana, Illinois, Ohio, Washington and Nevada, have passed marijuana driving laws modeled after drunk-driving laws, in which the national standard has become a limit of .08 blood-alcohol concentration. Those states have adopted a range of such limits, measured by the amount of THC in a person's blood. But experts say the approach used with drunk-driving does not easily lend itself to marijuana.