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March 21st, 2013
Test Me, Test Me. Why Don’t You Arrest Me?
Legalizing marijuana is a polarizing topic. There are pros and cons to the argument and each has very valid points. Legalization advocates point out that it can have many beneficial medicinal properties for those who are in pain management or for cancer patients to relieve some of the painful side effects of cancer treatment. Those opposed often point to the argument that smoking marijuana can lead to the use of harder drugs.
Both points are well taken but the argument is not that simple.
Take, for instance, drug testing or to be more exact, testing to see if the driver was impaired after an automobile accident. It is relatively easy to determine the alcohol impairment of a driver through a breathalyzer test administered at the scene of the accident but you can’t really determine impairment from smoking marijuana except through a mouth swab or urine or blood test administered within a few hours after the accident. If a urine test or blood test is given the blood alcohol level can be determined but the driver could have smoked marijuana up to two months prior and still be found to have THC present in the blood and urine test.
Having a medical marijuana card does not excuse the driver from driving under the influence and there is no such thing as a medical alcohol card so the issue of culpability in an accident is the same whether you smoked marijuana a month ago or if you knocked back ten rum and cokes an hour ago. Is this the same degree of impairment? (To Be Continued)