Tuesday, March 29, 2016

Ithaca Elmira Corning DWAI Drug lawyer: Is a Marijuana Breathalyzer coming to Ithaca?

image courtesy miami herald tribune

Ithaca Elmira DWAI Drug lawyer: 


Is a Marijuana Breathalyzer Coming to Ithaca?

What do Ithaca, NY and Gainesville, FL have on common?

Well, both are college towns, both have labs working on research, and last but not least... both have large populations of marijuana smokers.  Don’t ask me why, but in Ithaca and Gainesville, pot is ubiquitous.

So is it any wonder that the University of Florida has a patent on testing for controlled substances in breath (US Patent 8,237,118), and is currently working on creating the first ever marijuana breathalyzer? The new device is currently being called a "Cannabix."

At this point, I don’t know how amazing it is to be able to detect that someone has smoked within the past few hours.  I mean many people can usually tell if someone just smoked.  But to then make the grand leap of saying that because they smoked in the last few hours that they are too impaired to drive is science fiction.  

Some states have set specific limits on blood THC amounts. They have outlawed pot while driving by placing a “per se” limit for THC Tetrahydrocannabinol (THC- the psychoactive component of marijuana that causes intoxication) in the body.  New York is one of these states. 

Ohio and Nevada share the same love for low THC numbers!  Talk about different states with different sets of cultures, yet both set the same low limit of 2 nanograms. While Colorado has set 5 nanograms as the limit to drive. Keep in mind what a nanogram is, one billionth of a gram.

Can we really trust anything measuring in billionths? Especially devices that can put us in jail based upon the accuracy of their numbers.

We don't know for sure WHEN or IF this type of device is coming to Ithaca.  However, one thing is for certain... impairment by drugs & driving is a growing concern in all states. Yet, I think that even with these possible advances in technology -  it’s time to bring some old fashioned common sense to the law.  

If you have questions about a DWAI drugs charge or other drug impairment or possession issue, you are welcome to give us a call at 607-229-5184

By NEWMAN & CYR

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