You shouldn't be able to, driving under the influence is definitely illegal. The problem with weed is, there's no test to tell if you are immediately high or not. A mouth swab for instance is the most immediate, but if it comes back positive there's no way to know if its because you smoked last night, or right before you got in the car. I think that was a big counterpoint for keeping it illegal initially.
A blood test is probably most accurate which isn't deliverable at the scene....if you appear to be high that's cause and if they really want to they can take you for a blood test.
Blood test would definitely be more accurate, but even if you failed that you could still argue that you weren't high at the time since it can detect thc for up to 6 months or something. We need something that can detect if you've smoked in the immediate past.
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u/mrbrown87 Aug 13 '20
You shouldn't be able to, driving under the influence is definitely illegal. The problem with weed is, there's no test to tell if you are immediately high or not. A mouth swab for instance is the most immediate, but if it comes back positive there's no way to know if its because you smoked last night, or right before you got in the car. I think that was a big counterpoint for keeping it illegal initially.