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This is going to sound really stupid, but isn't marijuana still a crime at the federal level? Doesn't federal law take precedence over state law? It's simply a matter of enforcement by the feds, really.
With no legal knowledge, I would have to agree with this. Even if you can smoke, its still illegal to operate a vehicle while impaired.
honestly, I don't smoke, so I have no idea about this stuff. I work for a company/industry that drug tests. imagine buying and smoking legally, but your employer disallows it.
It's way past them being able stop this freight train. It's all a #### dance now by the feds.
Yeah, I'd say this is really a failure on the feds' part to not enforce their own federal laws the past decade as opposed to the movement towards legalization in general. That we have a system of prosecutorial discretion in place will leave people that believe that something is legal hung out to dry in certain ways.
yeah, but if a cop smells weed, they have probable cause for a search of the vehicle. why, if weed is legal? you can't have open alcohol in a vehicle, but how can I be searched if you smell a legal product?
Yep. They slipped on it and now it's coming. I personally don't care or have strong feelings about it because I'm generally for drug legalization, but they had a chance to take the lead on this and passed it back to the states.
This is disastrous as policy, and was under President Obama. It's federalism, but it leaves tons of prosecutorial discretion. You think they won't abuse this? Time to have a national referendum both on pot and the DEA in general.
Good luck with that. Deep seeded ignorance in that man. He will press his underlings to take it down
Only a matter of time before the experiment of having an overweening federal system and SWAT teams breaking down doors before we realize how far we've come to a paramilitarized state and we ditch these laws for good.
How do they test if people are under the influence of prescription drugs? Or other illegal drugs like heroin?
Urine and blood. Search incident to arrest, I think. Somebody in CA just got their license suspended for caffeine. No kidding.
So then they'd do the same thing if they suspect someone is under the influence of weed.
Yeah, probably. I don't practice, but if I remember from school and recently having to pass the DMV test out here in CA, you can lose your license getting a DUI for medication or other substances. And your blood and urine will indeed pop on the test. I take ADHD medication and have to tell everyone when I go for drug screening because it pops for amphetamines.
Honestly--I'm not sure because I'm not sure how long those things stay in your system. I can't imagine a bottle of NyQuil staying in your system for days/weeks like weed does--so maybe a blood test works there? I'm just guessing here and don't want to act like I'm speaking with any kind of scientific knowledge. In regards to the illegal drugs--just having them is illegal--so if they see them in your car--you are already screwed. In the case of weed--it is legal to own just like alcohol is--it's just illegal to drive under the influence of it. I think this could create a Pandora's box of issues until some sort of accurate test gets developed.
The problem is that weed stays in your system for weeks. You can have a cop that thinks you might be under the influence (and maybe you are just tired or are just a bonehead driver)--tests your blood/urine--and you could test positive for weed that you used days before you ever got in your car.
Oh, you can test for weed. Easy. It stays in your system for a long time and the levels of it can be measured, I'd imagine.
That’s the rub: it’s reletively inexpensive for LE to run a field sobriety test and administer a breathalyzer during a traffic stop. It’s quite another to haul that person down to the station for blood/urine samples.
The problem is that I'm not sure that blood or urine samples can pinpoint whether that marijuana was used at a time that would influence one's ability to drive. A blood test could expose if somebody used weed. A blood/urine test cannot tell you if that weed was ingested at 5pm on Saturday night before somebody got in their car--or if that weed was used early Friday morning. Until very accurate testing becomes available--I could see people that get charged with DUI for weed being able to fight the charges.
That #### happened under Obama. In his first term he had DEA raiding hospice facilities that were supplying medical marijuana to dying people.
Friend of mine has his medical card and was pulled over with weed on him. He showed the officer the card, the cop had him step out of his car and perform a sobriety test. He passed and was sent on his way.
I think the next generation of advocates will be a lot different than the previous ones. It seems about time to have pardons, commuted sentences, etc.
this is my point.........."yes, I bought it legally 15 minutes ago." is there probable cause for a search?
in short: no.
I think he's saying that the smell lingers for a long time, especially for a regular smoker of it (there will be plenty of regulars now with it legal). Just like cigs. You don't have to have just smoked it for you to smell like it.
Smart users don't smoke it. Vape pen gets the job done and my brother says it will #### you up on 1-2 hits.
So, this was wrong. I found an article from our local paper entitled: Legal Pot in Oregon One Year Later (it's dated June 2016, so it's, um, dated)
This is the same playbook attorneys provide for DUI Alcohol.
If I knew, I would have said. This link is full of insane marijuana statistics
I only caught a piece of a show about this on NPR the other day, but apparently the answer to the bolded seems to be "almost none". The guest said that no bank is willing to risk its standing with the feds. The loans are coming from private entities.
What I find insane (whenever I read sob stories like that) is not only the lack of even a hint of personal accountability but also the degree to which these people are painted as complete victims. NO ONE IS REQUIRED TO DO ILLEGAL DRUGS! That is a choice. And (like all choices) it has consequences. I think its stupid marijuana is illegal in most places in this country and carries stiff penalties. That doesn't change the fact that its illegal in most places in this country and carries stiff penalties. People who know this and still choose to smoke out on the street in plain sight of the cops? That is ####### dumb. And then those same people want to cry about being under attack, futures ruined, families being broken apart, etc (as though some boogeyman jumped out of the bushes and just did this to them)? Seriously?? If those things are a concern, here's an idea: don't ####### smoke weed!! If a criminal record is going to negatively impact your career prospects, don't do #### that is going to get you a criminal record. Prioritize your family over getting high and you don't have to worry about being in jail while they are growing up. This is really not difficult, yet I am continually astonished by the lengths people will go to attempt to paint people (who make the conscious choice to do something they know is illegal) as victims when those people are caught and have to deal with the consequences of their choice.
