THE POT LAW HAS FALLEN
A common question that gets asked to DUI Attorney Orange County, Ryan Varice is can someone who has been using marijuana be charged with impairment because a DUI would mean the person is driving impaired, and the studies have shown that marijuana doesn’t cause impairment and lack of focus, in fact studies have shown that marijuana use enhances focus.
While there are studies which show that alcohol causes impairment when driving, but there hasn’t been any evidence to support that marijuana (cannabis) has an effect on impairment. The studies from the Department of Justice tested marijuana on inexperienced drivers who consumed large amounts of marijuana, and not the common amount used recreational.
There are studies which show the main chemical in marijuana THC does not have an impairing effect on individuals. The studies points out some decision making skills are impaired but only to a small degree, and not enough to cause impairment while operating a motor vehicle.
Further complicating the issue of testing marijuana for impairment is that marijuana can stay in the system for days so what might be showing on the blood tests may not be a recent interaction with marijuana.
It is legal in Canada to use cannabis or marijuana. But only for medicinal purposes. These medicinal purposes in which cannabis or marijuana is used is for conditions such as cancer, multiple sclerosis, spinal cord injury, hepatitis, and even arthritis. Cannabis or marijuana is a plant that is used to treat conditions that include anxiety, depression, and pain.
In Canada . however, it is not legal to use Cannabis for recreational purposes, or even for any other purposes other than for medicinal use.
The possession, cultivation, sale, and use of marijuana or pot in Canada , is not legal in any way. The only exception to this is the legal protection that the law has provided for registered users that use marijuana for medicinal purposes.
There are very few national laws in Canada that can cover the whole impaired driving aspects. That’s why local authorities make their own laws and regulations, but still act within the existing national laws. It’s like the way the United States have an existing DUI law, but the local authorities of each state, can modify it to have punishments or sanctions that can best suit their own areas of responsibility.
In the Criminal Code of Canadian Protocol that also covers the Impaired Driving by Drug Laws, it says that yes, a person can be caught with a DUI violation for smoking too much pot. The DUI laws cover marijuana also, because of its meaning, “Driving Under the Influence,” the “influence” part is not limited to alcohol influence, but also drug and thus, marijuana, influence also.
And according to the Controlled Drugs and Substances Act, Section 4, if one is found guilty of possession of marijuana of up to 30 grams, the accused may be sentenced to a maximum penalty of six months in prison, or pay a one thousand dollars fine.
Proving that an accused is driving under the influence of alcohol, is relatively easy because of the breathalyzer. However, proving that someone is driving under the influence of marijuana is much more difficult. The prosecution has to prove that delta-9-tetrahydrocannabinol or “THC” or better known as marijuana (or pot, weed, grass, dope, Mary Jane, or ganja) lingers in your body. Once taken, THC is hard to flush out; the chemical lingers in the body even long after the effects of ingesting the substance has worn off. The lifespan of THC in the system varies, depending on a variety of factors, which include the amount of marijuana one has consumed, the concentration of the THC consumed, and one’s basic, personal tolerance to marijuana.
DUI LAWS FOR MARIJUANA
Basically, to prove that someone is under the influence of marijuana, the prosecution looks into one’s driving pattern, one’s personal appearance, one’s performance in the Field Sobriety Test of FSTs, and one’s results from a chemical test that would reveal of marijuana is indeed in one’s bloodstream. The first three sings can be introduced through a testimony given by the arresting officer
The arresting officer will testify in court and state their reasons on why they believe that you are driving under the influence of marijuana.
The testimony for pulling over a driver for suspected marijuana ingestion and then driving can be backed up by the following signs that are usual indicators of driving under the influence: driving into opposing or crossing traffic, straddling center of lane marker, turning with a wide radius, weaving, almost colliding with an object or vehicle, drifting, breaking erratically, slow response to traffic signals, turning with a wide radius, driving with headlights off, turning abruptly or illegally, appearing to be drunk, following too closely, swerving, stopping inappropriately, speed more than 10 mph below the limit, driving on other than designated highway, stopping without cause in traffic lane, tires on center or lane marker, and accelerating or decelerating rapidly.
The physical aspect or one’s personal appearance can be judged through the following indicators: dilated pupils, elevated pulse rate, elevated blood pressure, giving off the odour of marijuana, eyelid and body tremors, relaxed or uninhibited demeanour, dry mouth, and short-term memory impairment.
One’s performance in the different field sobriety tests are also indicators. These tests are not tests, per se, but are physical agility exercises that determine your control over critical skills that may be involved while manoeuvring a vehicle. There are five tests: 1. Nystagmus: The officer will hold an object 12 inches from the driver’s face, then move it side to side. The driver must follow the action with his eyes, while the officer looks out for involuntary trembling or jerking of the eyeball; 2. Walk and Turn. This is used to test whether the driver can keep his balance, follow instructions, and remain dexterous. The driver is instructed to take nine heel-to-toe steps along a line, then to turn, and then to take nine hell-to-toe steps back.; 3. Standing in One Leg. This is used to test balance and attention. The driver is made to stand with the heels together, arms on the side, and then while counting out loud, he has to raise one leg at least 6 inches from the ground; 4. Finger to Nose. The driver is required to place both feet together and stand straight, and with their eyes closed, bring the index finger to their nose, when ordered by the officer; 5. The Rhomberg Balance Test. The driver is made to stand in attention, with eyes closed, and their heads tilted back for 30 seconds. The officer is gauging their ability to stand erect steadily without muscle tension.
If the accused is not able to perform the FSTs to satisfaction, he is then asked to do a breath test, via a breathalyzer. If he passes the breath test with a relatively low BAC, then the officer may ask for the DRE to come to the scene and aid in the investigation.
PENALTIES FOR MARIJUANA
Trafficking in marijuana or possession for the purpose of trafficking (aka an intent to sell) where 3 kilograms or less is found in your possession, has a maximum indictable punishment of five years, less than a day, in prison. Trafficking in marijuana or possession for the purpose of trafficking (aka an intent to sell) where 3 kilograms or more is found in your possession, has a maximum indictable punishment of life imprisonment.
Importing or exporting of heroin, cocaine, marijuana, or hashish would land the defendant a lifetime imprisonment. If one is found guilty for the cultivation of marijuana, then one faces a punishment of seven years in prison.
source-
http://www.thepotlawhasfallen.ca/
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