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Difference between blood vs urine test for inactive marijuana matabolites?
Anonymous2 views3 answers
Lets say I smoke medical marijuana and I take a blood test by the po po a few days later. Can a blood test show that I was not under the influence at the time of testing because I hear that marijuana can stay in your system for awhile. I hear that its only a short time with blood testing and that since the marijuana would be inactive, wouldnt that be proof that I was not under the influence at the time of testing. That would be rediculous and unfair if my medicine showed up in my system and they mistaked me for being under the influence when I wasn't. What can be done if i have to take a blood test and does it show proof that I was not under the influence at the time of testing. This is California so only CA attornies.
A blood test will return results that measure in nano grams per liter. Although there is precedent that discusses how many ng/lt can indicate impairment, there is no bright line test. In marijuana cases, the blood is only part of the equation. The officer must still show that you were "impaired" to a point where you could not operate your vehicle with the same care and control as a sober driver. It's an additional step for the prosecution over the ole .08 standard.
The tests will show if the active ingredient (THC) was still in your system or not. Most crime labs do not give to a level and you would have to pay for that yourself. Blood is more accurate than urine.
Robert Driessen
The prosecution will attempt to rely on "objective signs of intoxication" including driving patterns, physical appearances, performance in field sobriety tests, and blood tests. But, for the reason that you've mentioned, the blood test on its own will unlikely satisfy the prosecution's burden of proof. It will only be used to corroborate the officer's testimony.
