Cannabis Country

• Publication year: 2018
• Author: By Louis J. Shapiro Esq.

Cannabis Country

By Louis J. Shapiro Esq.

Lou Shapiro, a former LA County Public Defender, is a criminal defense attorney out of Century City and a certified criminal law specialist by the State Bar of California. He is also a TV/Radio Legal Analyst, NBC Trial & Error Legal Consultant and advises on the board member of the California Innocence Project.

Even though it's only been a few months since cannabis became lawful to use recreationally, we are already seeing its immediate impact to the DUI sector.

Cannabis DUIs are becoming an increasing conundrum for everyone involved. Starting with law enforcement, police are making cannabis DUI arrests when they smell its odor and the driver admits to any recent usage. Because no current scientifically validated roadside testing exists for cannabis impairment—as for alcohol impairment—police are resorting to simply arresting the driver, and passing the issue onto the prosecutors.

Once the prosecutor is assigned the case, he or she is provided with a qualitative toxicology report by the local crime lab. This report only reveals whether cannabis was detected in the blood stream. It does not provide numerical information. It is up to the defense attorney to make a discovery request for the quantitative analysis of the sample.

The quantitative analysis of the sample provides three numbers. We will use the following example to illustrate:

1. 2.0 ng/mL THC

2. 13.1 ng/mL Carboxy THCA

3. 0/neg 11-Hydroxy THC

THC is the amount of psychoactive THC in the system. It affects the mind, mood, and other mental processes. In the double digits it may be comparative to having two alcoholic drinks. These results are on the very low end of the scale. This is obviously a good factor for the defense.

Carboxy THCA is the amount of non-psychoactive THC in the system. THCA does not affect the mind or mental processes. It also indicates a long-term time frame of THC usage. This property attaches to...