If THC in your blood,
are you AUTOMATICALLY guilty
of DWAI Drugs in New York?
Michael Cyr of NEWMAN & CYR, PLLC
Not necessarily...
As I explain in the video above, not all THC is created equal under New York DWAI drug laws. There are multiple chemical compounds of THC that could be found in a marijuana-user's blood. There are three common types of THC: carboxy-THC, hydroxy-THC, Delta 9-THC.
Anytime you smoke or ingest marijauna, you may have all three of these types of THC in your blood at any given time. However, of the three cited, the only one which will legally support a drugged driving charge (VTL 1192.4) is if you have the ACTIVE INGREDIENT of Marijuana in your blood -- DELTA-9.
Delta-9 THC is the only type of THC that will support a DWAI drug conviction in New York. The other types of THC are merely the by-products or metabolites of the active ingredient in your blood. Metabolites alone are not enough to legally support a DWAI conviction in NY.
If you have questions about a DWAI drug charge in New York, call us 607-229-5184
or you can find us online!
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BY NEWMAN & CYR
Copyright 2016
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