Found an issue on this page? Let us know and we will look into it as soon as possible.
DUI Glenn Cnty, CA, urine tox. results 30 ng for Canabis Only, w/AIDS & legal RX, ingested 67 hrs prior not impaired
Anonymous1 views3 answers
I am seeking local representation, that can help defend me in this catch 22 matter. I am by law allowed to use Canabis for my medical condition, yet the toxicology protocol in CA does not provide for a per se limit, therefore because of the findings of processed metabolites in my urine sample I am being charged wtih DUI, even though It was two and a half days since I ingested Canabis for appetite increasing. I was not impaired, was stopped only for speeding 84 in a 70 zone, on Highway 5 in Glenn County, officer used radar.
Welcome to Glenn County. I practice in this area (Chico is about 45 minutes from Willows) and have seen a number of cannabis DUI cases recently.
Vehicle Code 23152(a) makes it illegal to drive while impaired by alcohol or drugs -- even prescription drugs if they make you unable to drive safely. (Technically, marijuana cannot be prescribed because it is illegal under Federal law; a physician can recommend its use under California law.)
As you mentioned, there is no statutory cutoff level for THC, similar to Vehicle Code 23152(b), which makes it illegal to drive with a blood alcohol level over .08%, even if the prosecution can't prove you are actually impaired. Some of the metabolites produced when your body breaks down THC are not psychoactive, and many of the standard screening tests will not detect cannabis at the level you posted.
You need an attorney who has a good relationship with an independent toxicology lab to effectively rebut the testimony of the prosecution's contract lab in Sacramento.
The 30 ng/mL result of your urine test is a cutoff level for a drug screen classification of positive for Marijuana. It is what is known as a presumptive immunoassay (IA) result. A defense attorney familiar with DUID (DUI Drugs) will be able to cut through this generalization by demanding a more specific alternate chemical method that will show the various metabolites such as Carboxy THC which has no psychoactive components and cannot impair a person to the slightest degree. Carboxy THC accumulates in the body fat and is slowly released into the blood and excreted in the urine long after the psychotropic effect of the drug has worn off.
The presence of a marijuana metabolite in the urine does not prove that a subject drove while impaired to the slightest degree for reason of having consumed marijuana. In many cases your attorney wouldn't even have to hire an expert because not even the state-paid chemist can contradict the science that proves you innocent.
Get a good DUI attorney.
