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Second-Hand Marijuana Smoke Can't Cause DUI NORML Opposing Views Tuesday 28 Feb 2012 What's worse is the ZERO tolerance clause for those under age 21. Drivers in this age bracket will be guilty of DUI if even the smallest amount of cannabis is found in their system. Anything over 0.00 in fact. In other words, a designated driver subjected to second-hand cannabis smoke would be held criminally liable for the activities of others. First off, let's refer back to the Karschner et al study in a previous post. In that study, 25 regular heavy cannabis consumers were tested. When they walked in the door, eleven of the twenty-five had no detectable levels of THC in blood, even after smoking anywhere from 2 to 10 blunts that day. Another thirteen had levels below 5ng/mL. Only one subject was above 5ng that day, and she dropped below 5ng the next day. That's first-hand smoking, people. Almost half of the first-hand smokers would beat this zero tolerance standard (one had no detectable levels after smoking a half ounce that day.) So, what of the second-hand smoke the designated driver is subject to? OK, first of all, are we talking "second-hand smoke being exhaled by passengers in the car at the time he's designated driving"? If so, he should face the same punishment as someone who lets their passengers drink beer while he's driving, whatever that punishment is. Or are we talking about "second-hand smoke that was exhaled by his passengers back at the party before he began designated driving?" Well, that's easy enough to debunk, even without turning to science, just by asking yourself one simple question: If second-hand pot smoke would trip a drug test, don't you think a whole bunch of employees fired for positive drug tests would have successfully used that excuse in court by now? As a leading manufacturer of drug testing kits puts it: Will exposure to passive marijuana second hand smoke result in a positive marijuana test? The most common excuse for a positive marijuana test is, "I was around some people who were smoking pot." Research has shown that casual exposure to marijuana smoke will not produce a positive test. A person really has to work at being exposed to "passive" smoke to create a positive test. Very close confinement, without ventilation, with several smokers, for a period of over an hour, may result in a low, but measurable amount of marijuana in urine and blood. This demonstrates that even though the person may not have directly inhaled the smoke from a marijuana cigarette, they inhaled enough second hand smoke to get high. So, in this one talking point, the opponents of I-502 legalization are telling you we must not legalize the possession of one ounce of weed, a pound of edibles, and four pints of tincture, and we must not create a commercial market for growing, selling, and buying marijuana for adults over 21, because: Some young adult below the legal age of cannabis consumption… …might be hanging out in a very small room… …that isn't well-ventilated… …with several people who are toking a whole lot of weed (and are they of legal age?)… …but he/she didn't smoke any of that weed him/herself …and he might get in his car and drive shortly afterward… …and then either get in a wreck or attract the attention of a cop… …who might suspect the young adult driving is impaired somehow… …but not by alcohol… …and then subject the young adult to a sobriety test and/or DRE that he/she fails… …and then arrests him/her and drives him/her to the hospital for a blood draw… …and in the hour that has elapsed plus how ever long he/she was driving before the cop stopped him/her… …there are detectable amounts of THC in his/her blood and the young adult is convicted of a DUID. I suppose if you think preventing a young person from thirteen levels of highly-unlikely "ifs" is worth the certainty of another 10,000 marijuana possession arrests next year, then this line of reasoning makes sense to you. I think a more reasonable solution for those 13 "ifs" is for the crew to pony up some money for cab or bus fare. http://www.opposingviews.com/i/society/drug-law/%E2%80%9Cradical%E2%80%9D-russ-debunks-idea-second-hand-pot-smoke-could-cause-duid
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