Driving under the influence of marijuana can be a criminal offense, but it is often difficult for officers to know “how high is too high” or to test drivers for intoxication. In states where marijuana has been legalized, the threat of criminal prosecution for driving under the influence can be a burden for users with a right to use medical marijuana or where marijuana is legal for recreational use.
Law enforcement agencies have also conceded proving a driver is under the influence can be challenging, especially when they are trying to charge a driver with DUI. Testing drivers for marijuana may become easier, as a new product is being launched to test the impairment of drivers.
Cannabix is a “marijuana breathalyzer” becoming available to law enforcement agencies nationwide to help authorities test a driver's level of impairment. According to representatives from the company, the breathalyzer allows law enforcement to test a driver's ability without using an invasive procedure, like drawing blood. Cannabix was revealed at the National Marijuana Business convention in Las Vegas, Nevada, though it is still in a “concept-phase” and has not yet been released to the general public or law enforcement agencies. The product is currently being tested and marketing is being prepared for the Cannabix launch.
As more cities and states legalize marijuana for medical or recreational use, there has been a rise in testing products targeted towards consumers as well as law enforcement agencies. While the market maybe catering to more widespread use of marijuana, they still must be tested for accuracy to be reliable in a criminal case.
Individuals charged with driving under the influence of marijuana should have their case reviewed by an experienced legal advocate. Our Birmingham DUI defense attorneys will review the case presented against you, challenge any weaknesses in the case, and aggressively build your defense. |
According to critics of Cannabix, the product has yet to be proven as an effective way to test the impairment of drivers. The concept has been tested by researchers in Sweden who published their results in a 2010 paper in the Journal of Analytical Technology.
Essentially the device detects levels of tetrahydrocannabinol in the breath, otherwise known as THC, the main ingredient in cannabis. Investors have already gotten behind the product and were enthusiastic about the possibility of the product launch. Manufacturers of the product hope to sell it in states like Alabama where the drug is strictly illegal for all purposes.
Driving under the influence of marijuana or any other drug can result in serious criminal charges and penalties in this state. If you are involved in an accident or charged with DUI related to marijuana, it is important to consult with an experienced attorney who can protect your rights. Remember, officers need probable cause to pull you over and any evidence illegally obtained from an unlawful stop can be suppressed and prevented from being used against you in court.
If you have been arrested for DUI in Birmingham, call Defense Lawyer Steven Eversole at (866) 831-5292.
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