More Drivers Positive For Pot In Washington State

[Purveyor]

SEATTLE (AP) -- More drivers have been testing positive for marijuana since Washington legalized the drug last year, according to new figures from the State Patrol.

In the first six months of 2013, the patrol's crime lab says, 745 people tested positive for marijuana. Typically, there are about 1,000 positive pot tests on drivers in a full year.

It doesn't necessarily mean there has been a rash of people driving high, said patrol spokesman Bob Calkins. Troopers are looking harder for drivers operating under the influence of pot, and they might be ordering more marijuana blood tests - "We're testing blood we didn't test before," he said.

In addition, the overall number of impaired driving cases handled by the patrol doesn't appear to have risen this year, and should be on track to hit the rough annual average of 20,000 - which could mean that some people are using marijuana instead of alcohol before getting behind the wheel, Calkins said.

"They're still making a very bad decision," he said.

more...

http://hosted.ap.org/dynamic/stories/U/US_LEGALIZING_MARIJUANA_DRIVING?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-11-21-17-38-56

[TroglodyteScholar]

1. I'm sorry, but...

...until they develop a proper field sobriety test (i.e. a test that doesn't look back as far as 6 weeks), they need to just back the FUCK off.

[Beaverhausen]

2. Exactly. Testing positive doesn't mean you are high right that minute

[B Calm]

3. Wow man, I'd love to be a pot tester.

[Warren Stupidity]

4. Too bad for drug warrior bullshit, legalization reduces traffic fatalities.

[seveneyes]

5. Who the hell is letting the cops take their blood for a "pot test"?

Are they actually taking random samples from people driving or is this a side study from some other offense? I can't see giving up any blood willingly to this kind of bullshit.

[pnwmom]

6. They're not taking random samples. It's from people suspected of DUI.

And it's part of the law that was passed.

[seveneyes]

7. I assume they only take blood if someone fails a breath test

I just can't see allowing that kind of invasion on your body without something more than just suspicion.

[pnwmom]

8. There's a breath test for pot? n/t

[seveneyes]

9. DUI of alcohol breath test

Do they only take blood from someone if they fail a breath test for alcohol?

[pnwmom]

11. No, they take it if they have probable cause and a warrant.

Although the original law that was approved by the voters allowed blood testing without a warrant.


http://www.jrandslaw.com/marijuana-dui/

The passing of the "New Approach" to marijuana in 2012 introduced an arbitrary threshold limit, much like the .08 limit to alcohol. Prior to September 28, 2013, it also gave law enforcement offices the authority to obtain a blood test without a warrant if there is suspicion that pot was previously consumed. Since September 28, 2013, in response to Missouri v. McNeely, a United States Supreme Court case requiring a warrant to draw blood, the statutory authority authorizing a warrantless blood draw was changed, and now requires a warrant.

SNIP

As a result, effective December 6, 2012, police agents who make an arrest for DUI will now have the authority to obtain a blood test without having to bother a Judge and get a warrant for that blood, if they "suspect" pot was previously consumed. However, post-September, 28, 2013, this is no longer the case. A warrant is now required, absent emergency circumstances.

The public was supposed to be assuaged by the limitations on this power by being told that in order to obtain this blood Probable Cause would be required. Take it from me - a well-trained DUI defense lawyer with over 10 years of experience - this level is so low there is no protection of your rights. Although, the new warrant requirment helps.

As the possibility of the law became more likely, Washington State Law Enforcement began preparing with mandatory training of all commissioned officers. Practically speaking, having Advanced Roadside Impaired Driving Enforcement (A.R.I.D.E) training and noting the odor of marijuana, is likely all that is necessary to establish Probable Cause.

[Tikki]

10. I never want to be on the road with anyone UNDER THE INFLUENCE of alcohol, drugs or pot.

That includes strong prescription drugs and some over the counter drugs.

I realize that I am probably on the road with impaired drivers often. But, I do not want to be on the road with drivers
who have the current affects of THC in their system…no matter how the driver thinks he is able to drive at the time.

I have the right to be safe from impaired drivers.

Tikki

[Warren Stupidity]

12. The blood tests do not indicate "under the influence".

They indicate that you may have been exposed to THC sometime over the last 6 weeks.

[jmowreader]

13. The test you take to not get a job goes back that far

They have tests that look for actual THC (rather than second-order metabolite), and that only goes back a few hours. It's a blood test because by the time urine becomes hot, you're no longer high.

[icymist]

14. I'd rather there be pot heads on the highway than drunkards...

A drunkard will drive right through a stop sign while a pot head will be sitting there, waiting for the sign to turn green!
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It's a joke.