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Fri Feb 15, 2013, 11:40 PM

AZ Appeals Court Says Traces of Inactive THC Qualify for DUI

Source: Examiner

Arizona's Court of Appeals ruled yesterday that drivers found to have traces of THC can be subject for a DUI arrest. The ruling overturns two earlier dismissals by Maricopa County judges.

The case, Montgomery vs Harris, stems from a 2010 traffic stop in Maricopa County for speeding and driving in an unsafe manner. The driver, Hrach Shilgevorkyan, agreed to a blood test that revealed traces of carboxy-THC, which appears after marijuana has been broken down in the system and is no longer active. There was no evidence of hydroxy-THC, which enters the body soon after using marijuana and can cause impaired driving.

Carboxy-THC, which can stay in the body for weeks after exposure to marijuana, does not affect normal capabilities. But its presence in Shilgevorkyan was enough for a DUI arrest.

Read more: http://www.examiner.com/article/az-appeals-court-says-traces-of-inactive-thc-qualify-for-dui



Wow, unbelievable. I am pretty much speechless

44 replies, 5301 views

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Arrow 44 replies Author Time Post
Reply AZ Appeals Court Says Traces of Inactive THC Qualify for DUI (Original post)
indie9197 Feb 2013 OP
defacto7 Feb 2013 #1
think Feb 2013 #7
Comrade Grumpy Feb 2013 #2
In_The_Wind Feb 2013 #21
villager Feb 2013 #3
PufPuf23 Feb 2013 #4
HereSince1628 Feb 2013 #38
felix_numinous Feb 2013 #5
Bjorn Against Feb 2013 #6
cstanleytech Feb 2013 #9
Bjorn Against Feb 2013 #12
cstanleytech Feb 2013 #14
atreides1 Feb 2013 #17
frylock Feb 2013 #13
TM99 Feb 2013 #26
frylock Feb 2013 #31
TM99 Feb 2013 #33
Hard Assets Feb 2013 #37
TM99 Feb 2013 #42
W T F Feb 2013 #8
etherealtruth Feb 2013 #20
uponit7771 Feb 2013 #44
Politicalboi Feb 2013 #10
In_The_Wind Feb 2013 #22
SamKnause Feb 2013 #11
Chakab Feb 2013 #15
calimary Feb 2013 #16
Chakab Feb 2013 #18
calimary Feb 2013 #40
blkmusclmachine Feb 2013 #19
meeshrox Feb 2013 #23
City Lights Feb 2013 #24
LittleGirl Feb 2013 #25
bemildred Feb 2013 #27
Uben Feb 2013 #28
Kolesar Feb 2013 #29
KatyMan Feb 2013 #30
lonestarnot Feb 2013 #32
grandpamike1 Feb 2013 #34
indie9197 Feb 2013 #35
Hard Assets Feb 2013 #36
TrogL Feb 2013 #39
eppur_se_muova Feb 2013 #41
Bette Feb 2013 #43

Response to indie9197 (Original post)

Fri Feb 15, 2013, 11:45 PM

1. Nuts!

They are just nuts.

Isn't dogma just stupid?

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Response to defacto7 (Reply #1)

Sat Feb 16, 2013, 12:06 AM

7. what do you mean?

Dogma was a great movie!

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Response to indie9197 (Original post)

Fri Feb 15, 2013, 11:46 PM

2. You don't have to be high to get a DUI. That is absurd.

In its opinion, the appeals court agreed that drivers with the inert metabolites weren't impaired, but still ruled that they can be charged. This is another bizarre Alice-in-Wonderland ruling like the Supreme Court ruling a drug dog sniff was not a search. Just more evidence of what drugs can do to some minds.

This case will be appealed to the state Supreme Court.

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Response to Comrade Grumpy (Reply #2)

Sat Feb 16, 2013, 08:13 AM

21. kick

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Response to indie9197 (Original post)

Fri Feb 15, 2013, 11:46 PM

3. Arizona is just one giant speed trap. Their "police" and "highway patrol" are among the most podunk

...in the country.

These are the assholes who installed speed cameras on an interstate!

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Response to indie9197 (Original post)

Fri Feb 15, 2013, 11:53 PM

4. That makes no logical sense.

You are not intoxicated but we are going to arrest for DUI anyway.

Why isn't wreckless driving or speeding enough?

But then why should one expect courts to make logical sense as it does not appear to be an attribute of our dysfunctional legal system?

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Response to PufPuf23 (Reply #4)

Sat Feb 16, 2013, 03:27 PM

38. And, now it is also a reportable conviction that would prohibit future gun purchases.

It'd be interesting to know if Maricopa Co. bothers reporting those to NICS

Missing reports for conviction of use of banned substances is one of the largest holes in NICS (the national instant check system).

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Response to indie9197 (Original post)

Fri Feb 15, 2013, 11:55 PM

5. So people with a MMJ card

cannot drive? There are so many conflicting messages out there.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 12:05 AM

6. Arizona looks like a beautiful state, but their public officials are insane

It is sad because I know there are a lot of decent people down there, but the people in charge are so batshit crazy that I just can't consider giving their state my tourism dollars until Joe Arpaio and his goons are reigned in. Apologies to the good people of Arizona, but your government is driving people away from the state.

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Response to Bjorn Against (Reply #6)

Sat Feb 16, 2013, 12:30 AM

9. "their public officials are insane" alot of those were also voted into office so

really it calls into question a large % of the population of the state as well.

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Response to cstanleytech (Reply #9)

Sat Feb 16, 2013, 12:45 AM

12. I know there are a lot of nut jobs in Arizona, but there are a lot of good people as well

I think Arizona is going to go blue in the near future, but right now their crazies have a stranglehold on their government. I know that a time will come when the good people of Arizona will vote the crazies out of office and then I will vacation there, until that happens however I am staying out of the state because I don't want to be anywhere near a state that would allow Joe Arpaio to run his police state.

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Response to Bjorn Against (Reply #12)

Sat Feb 16, 2013, 02:58 AM

14. I dont see it or alot of the republican states going blue for atleast 14 - 20 years

considering all the gerrymandering they have done to suppress any potential opposition.

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Response to Bjorn Against (Reply #12)

Sat Feb 16, 2013, 04:49 AM

17. I use to live in Arizona

What you say is true, there are a lot of good people...unfortunately the batshit crazy people are in charge, and will remain in charge!

If Arizona goes blue, it'll happen right before the Second Coming...

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Response to Bjorn Against (Reply #6)

Sat Feb 16, 2013, 01:45 AM

13. how many decent people can there be if they continue to elect these nazis?

i'm saying that while I have family in AZ.

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Response to frylock (Reply #13)

Sat Feb 16, 2013, 09:22 AM

26. Sadly, there just aren't enough decent people.

Yes, there are good men and women. Yes, some are even Republicans though most are in fact Democrats. The problem is that there are not enough to counter those that are scared, bigoted, small-minded, zealously religious, and in charge.

Arizona will not be going blue any time soon.

My partner and I will be leaving as soon as my health is better and our finances allow us. I have lived here over 20 years, and it has gotten worse, not better.

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Response to TM99 (Reply #26)

Sat Feb 16, 2013, 12:02 PM

31. best of luck to you..

it's a shame, because it is such a beautiful state. i'd love to take my adventure bike and spend a week just touring the canyon and other areas, but under the current circumstances, I don't think that will ever happen.

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Response to frylock (Reply #31)

Sat Feb 16, 2013, 12:21 PM

33. Thanks frylock

Yes, it is a beautiful state. The desert really is indescribable unless you have experienced it, especially at night.

I love the area around Tucson with several mountain ranges to explore. I love Flagstaff as well and have spent much time hiking the Peaks and enjoying the Canyon.

Frankly, it is fine to visit. It just really sucks to live here.

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Response to TM99 (Reply #33)

Sat Feb 16, 2013, 03:23 PM

37. What was the mountain a few miles northeast of Tucson

 

that you could hike very easily. Full of saguno cactus.

(Lived in Tucson from '01-02)

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Response to Hard Assets (Reply #37)

Sun Feb 17, 2013, 02:14 AM

42. I think you are describing

Mt. Lemon. At its base are lots of saguaro's. As you rise in elevation, there are pine trees. At the top is a small town with skiing when they get snow at that height.

Just north of Tucson off of Oracle is Catalina State Park and further east is Sabino Canyon. All three are just beautiful to hike and explore in.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 12:14 AM

8. So, if you have traces of other judgment impairing prescription drugs, you're illegal to drive?...

The Pharmaceutical companies aren't going to put up with that.

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Response to W T F (Reply #8)

Sat Feb 16, 2013, 07:06 AM

20. I think the pharmaceutical companies will love it

Metabolites and traces from drugs like opiates clear fairly quickly from a persons body ... marijuana , on the other hand, will be present in urine for significant amounts of time (especially in regular users).

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Response to W T F (Reply #8)

Mon Feb 18, 2013, 11:43 AM

44. +1

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 12:30 AM

10. So all cops have to do

Is pull over people who just visited a Med shop and pull them over for NOTHING. Then claim they smell MJ do a test, and haul them off to jail. I will NEVER go to AZ again.

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Response to Politicalboi (Reply #10)

Sat Feb 16, 2013, 08:15 AM

22. I agree " I will NEVER go to AZ again."

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 12:40 AM

11. DUI

It seems politicians and judges want the entire U.S. population to be incarcerated. (excluding the 1%)

Maybe it is the only jobs plan they are interested in.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 03:23 AM

15. Are you fucking kidding me? Seriously, is this a joke?

Jesus Christ. The insanity from courts never stops.

I've got to get out of this county.

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Response to Chakab (Reply #15)

Sat Feb 16, 2013, 04:14 AM

16. Welcome to DU, Chakab!

Glad you're here. Scary, isn't it? I can't believe how far some of these extremists are willing to push it.

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Response to calimary (Reply #16)

Sat Feb 16, 2013, 04:59 AM

18. Thanks for the welcome, but I've been a registered member

for about five years. I'm more of a lurker. I've been reading the message board since the aftermath of the '04 election.

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Response to Chakab (Reply #18)

Sat Feb 16, 2013, 08:01 PM

40. Well, I'm glad you're here anyway!

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 06:31 AM

19. Guilty until proven innocent (if you got enough money to prove yourself innocent, that is) !!

Welcome to the Police State, folks.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 08:37 AM

23. Speechless works for me...

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 09:16 AM

24. AZ seems to get more draconian every day.

I lived there for five years and will never go back. I met some great people there, but sadly they are outnumbered by idiots.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 09:17 AM

25. this is the stupidiest thing I've read in years

o.m.g.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 09:28 AM

27. Dumb ass. nt

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 09:34 AM

28. I'd like to test that judge.....

....if one trace of alcohol os found, he should be disbarred for sitting on the bench while impaired, sentenced to life in prison, or given the death penalty for ruling on people's freedom while impaired. It is a proven fact that alcohol impairs more than marijuana. So if this idiot motherfucking piece of shit judge has any trace of alcohol in his system, he is incompetent.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 09:34 AM

29. THC concentrations in the blood of occasional marijuana users quickly fall below limits of drug test

... within 8 to 12 hours of use. However, most drug tests for marijuana compounds are made through urinalysis. And urinalysis for THC is highly precise, and measured in nanograms (n-9), or one billionth of a gram. So in this way, THC can be detected in urine several weeks or months after initial administration with precision. Positive urine based marijuana test results generally indicate use within 1-3 days; however, the detection window could be significantly longer following heavy, chronic, use. So in general, the amount of time marijuana/THC can be detected depends on quantity, potency, duration and frequency of ingestion, and the method used to detect THC or its metabolites.

http://drug.addictionblog.org/how-long-does-marijuana-weed-pot-thc-stay-in-your-system/

I was looking for "masking drugs" when I found this. If this is correct, one should insist on a blood test instead of a urine test, because the THC washes out of the blood.

If Lance can mask performance drugs, I there some THC-masking drug I can consume whenever I am in Arizona? Hypothetically! Grand Canyon sunsets, and all that...

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 09:50 AM

30. Texas might have it's problems

But man, am I glad I don't live in Arizona!

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 12:20 PM

32. They want to collect that DUI dough. DUI money racket. It's a whole economy unto itself.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 01:25 PM

34. Why would anyone

want to live in Maricopa County ? With Sheriff Joe and a Court Of Appeals who ruled that, you have to be crazy. Oh, wait, they must be to want to live there. Never mind.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 03:08 PM

35. I did a little research after posting this

and found several other states that can charge you with DUI for having the metabolite in your blood but no active THC. The link is almost a year old but as of 4/20/12 the states of AZ, DE, IL, IN, IA, RI, and UT were zero tolerance, meaning that metabolite in the blood count as active THC. PA has of limit of 1ng/ml for THC or metabolite so that is pretty much zero tolerance also.

Some states have limits of 5 mg/ml active THC and some states won't charge DUI for THC (MN, NC, VA).

Anyway, laws are changing fast and going toward the 5 mg/ml standard, it seems. If you are a user of the herb it would make sense to learn what the laws are in your state and figure out what it would take to get you to the legal limit.

http://blogs.lawyers.com/2012/04/cruising-the-high-way-safer-than-drunk-driving/

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 03:21 PM

36. No it doesn't. I have active and inactive THC in my body.

 

And I am no way intoxicated.

My mom is being a pain about me driving after I smoke. Colorado does not have a DUI set up for THC yet.

And studies have *shown* that people on THC are actually better drivers because THC actually increases the awareness of things around you (paranoia).

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 06:27 PM

39. Last night the pot smoke was so thick outside my house you could see it

Never did figure out where it was coming from.

I've also got a problem with kids smoking pot just to the West of my garage, which means with the prevailing westerly winds, I often open my garage door to a cloud of smoke and my truck reeks of it. I work in a high-secure environment, which means it's not the best thing to talk into work smelling of so I have to drive for a bit with the windows open to blow it out, not a pleasant experience in winter.

I'd likely flunk a blood test based on inactive THC.

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Response to indie9197 (Original post)

Sat Feb 16, 2013, 09:07 PM

41. Fie to you and your sciency facts ! nt

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Response to indie9197 (Original post)

Sun Feb 17, 2013, 03:13 AM

43. And we're off..

Well, yet another reason to stay out of that state! I used to like it there, but I will never set foot there again.

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