With medical and recreational marijuana increasingly becoming legal in various states, law enforcement officials are seeking more effective ways to determine marijuana intoxication of vehicle drivers. Kansas has not yet legalized marijuana, but police officers know that some individuals drive while under the influence of this drug. A Drug Defense Lawyer in Emporia KS represents clients who have been charged with the combined offenses of marijuana possession and marijuana DUI.
Drug testing during the job application process involves providing a urine sample. That sample verifies whether any THC, the active component of cannabis, is in the person’s system. This has always been problematic for occasional drug users because cannabis can remain in the body for weeks. For this reason, urine testing is not suitable for determining whether a driver is intoxicated. Police may use blood testing, even though this is a controversial practice because results are inconsistent. A drug defense lawyer in Emporia KS may challenge any results from a blood test for marijuana DUI.
If the individual did not actually have drugs in the vehicle, a search warrant could be issued to allow investigators to go through the person’s place of residence. If that does not turn up any illegal drugs, it may be difficult for the prosecution to prove possession even if the person’s blood test was positive for cannabis. The defendant could have indulged in some marijuana that was provided by a friend or could even have absorbed some cannabis into the bloodstream by being with other people who were smoking.
Breath analysis equipment is still not available to reliably check for recent marijuana use, and saliva testing is not reliable either. In addition, there are discrepancies in blood levels of THC depending on how the person took in the drug. Smoking, eating, and vaping marijuana have different speeds for producing intoxication and for the effect dissipating. Until suitable technology is available to determine whether someone actually has blood levels of marijuana above a certain level, lawyers from a firm such as Helbert & Allemang Law Offices can use these issues to defend their clients against DUI charges. Schedule an appointment today.