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Daniel Fulmer Attorney At Law

By danielcfu20509604, Jul 14 2016 04:16PM


Among the states that have legalized recreational and medical marijuana, several have included concessionary provisions that make it unlawful to operate a motor vehicle with a certain percentage of THC in the bloodstream. Recently New York passed medical marijuana legislation, but New York does not presently have a per se limit for those accused of driving while ability impaired by drugs.


If per se limits in DWAI drug cases were to be considered by The New York Legislature, that body should swiftly reject the idea. Studies are mixed on the issue of whether marijuana poses an increased risk of accidents. Moreover, the effects of THC wane radiply after inhalation. Impairment ceases three to four hours after inhalation. However, THC remains detectable in the blood for weeks, and months in urine samples, of frequent users of cannabis. Frequent users may have THC levels above proscribed limits at the time of arrest, despite not having consumed cannabis proximately to the time of arrest. Common sense dictates that people should not be prosecuted and punished unless they lack the ability to operate as reasonable and prudent drivers.

By guest, Dec 9 2014 07:08PM

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