A roadside Marijuana DUI test is not something is not part of the standard practices of the California police.
Marijuana Citation for DUI
If, in a routine traffic stop, the police claim they believe you are using marijuana, you can receive a citation. Things that corroborate this belief include the smell of marijuana in the car, blood-shot eyes, or drugs in the car. However, these are all very subjective claims, they don’t prove anything.
The only way for the police to tell whether the driver used drugs is a blood or urine test. Only after sending the tests for analysis will the police or prosecutors have any evidence of drugs in the system. Currently, law enforcement is looking for an easier way to test for the presence of marijuana during a roadside test.
Lawmakers and Roadside Drug Tests
Unfortunately for police, it looks like California law enforcement must continue to wait for now. Tom Lackey, the Republican Assemblyman representing Palmdale, authored an assembly bill to give police officers the tools to do roadside drug tests. Similar to a breathalyzer, which tests blood alcohol levels, portable drug testers are already legal in over a dozen states. However, the Assembly committee rejected adding California to that list.
Lackey’s bill did not even get enough support to advance out of the Assembly Public Safety Committee. It was rejected 2-to-1, with 4 Democrats abstaining. Not surprisingly, law enforcement organizations supported the bill. However, the Drug Policy Alliance and defense attorneys opposed the bill. Lackey called the defeat “a setback for roadway safety.”
For now, police officers will be limited to breathalyzer testing for alcohol only. But with so many problems with the accuracy of roadside breathalyzers, would preliminary marijuana screening devices be any more accurate? Preliminary Alcohol Screening devices are nowhere near 100% accurate. They have to be regularly checked for accuracy every 10 days, or 150 tests. Even then, they have a margin of error, and there are many things other than alcohol that can register false-positives.
Downside of a Roadside Marijuana DUI Test
One of the primary problems with a Marijuana DUI Test is that someone can test positive for certain tests days or weeks after using. This means, well after any effects of the marijuana dissipate, a person tests positive. However, devices such as the Alere DDS2 claim to detect marijuana within 2 to 3 hours of use, and also detect cocaine and methamphetamine. However, others are concerned that the detection of THC in the body does not correlate with the impairment of a marijuana user. A cannabis dispensary owner, Lanette Davies, is concerned that, “this is just another way of having zero tolerance for people with THC in their system.”
Legalization of Marijuana
California may soon be considering legalizing recreational marijuana. Similar to Colorado and Washington, it appears California may enact recreational policies. With recreational use of marijuana legalized, police expect to see an increase of drivers operating under the influence of marijuana. This, in turn, may drive the demand for roadside drug tests. Assemblyman Lackey announced he plans to reintroduce the bill next year.
Hire Help
Although there is no Marijuana DUI Test for now, you still are at risk if you drive under the influence. If you’re arrested for driving under the influence, call The Kavinoky Law Firm at 1.800.NO.CUFFS right away. We hire only the best to provide you the best defense possible. Don’t let a DUI ruin your life, let us help you get your life back. Call 24/7 – we don’t sleep – so you can.
