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 Cage
Melancholy Mindfuck.
Registered: 01/13/11
Posts: 645
Last seen: 9 years, 10 months
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 Cannabis Card and DUI. 
#617667 - 04/11/12 04:49 PM (12 years, 7 months ago) |
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So a few months ago my roommate ended up in a checkpoint and got arrested for driving without a license, and a DUI. He had smoked earlier but it was at least 3-4 hours before he drove anywhere again. He had some weed on him and I'm pretty sure that was the main reason he got stuck with the DUI, he told the officer he had a cannabis card, but I'm pretty sure they just assumed he was high because he had some weed with him.
They gave him some unusual tests similar to testing someone who's been drinking, they also checked his pulse at random times throughout the process to "tell if he was nervous", I'm pretty sure it was just a mindfuck to try to get him stressing though. They took him down to the station and made him take a piss test.
Does the piss test actually give any idea to when a person smoked? Or is it just bullshit? Also, my roommate's got his court date soon, I was wondering, if we were to start growing, what happens if he gets put in jail for a while and there are plants growing at the house..? Is there any chance his card could be revoked or something? I can get a cannabis card myself I guess, but I wasn't going to unless our grow got big enough to where it was necessary. Any advice or information on any of this would be helpful, appreciate it. 
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Steve Buscemi
Registered: 11/15/08
Posts: 2,167
Last seen: 12 years, 2 months
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 Re: Cannabis Card and DUI. [Re: Cage]
#617671 - 04/11/12 05:51 PM (12 years, 7 months ago) |
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Dude's probably fucked because:
He admitted he had a mmj card
He took the urine test
He drove through a dui checkpoint while holding weed
Probably shouldn't grow medical or not before you get this guy in even more trouble.
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Cage
Melancholy Mindfuck.
Registered: 01/13/11
Posts: 645
Last seen: 9 years, 10 months
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What the hell is the point of getting a cannabis card to avoid getting arrested if you can fuck up admitting you have one? Could you elaborate?
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 Hawksresurrection
Registered: 12/04/08
Posts: 13,464
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Re: Cannabis Card and DUI. [Re: Cage]
#617916 - 04/12/12 11:48 PM (12 years, 7 months ago) |
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At least in my state you can carry up to 4 ounces in your vehicle at any point with out a problem. You are just not supposed to smoke in public. Handing an officer a valid card in this state will make him hand it back and say on your way. As long as you aren't driving stoned out of your mind.
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Dude she isn't as young as she use to be.
-niteowl
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KaptKid
Spaced Pirate
Registered: 04/20/08
Posts: 5,615
Loc: Bright Side of the Sun
Last seen: 11 months, 22 days
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In my state 4 oz's and under is a misterminer(sp?).
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Child of the 60's, Tripping ever sence.
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Cage
Melancholy Mindfuck.
Registered: 01/13/11
Posts: 645
Last seen: 9 years, 10 months
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Re: Cannabis Card and DUI. [Re: KaptKid]
#617922 - 04/13/12 12:22 AM (12 years, 7 months ago) |
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Well, during the process he just mentioned having a cannabis card, and they took his word for it and even left the ounce in the car without even asking to see it.
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Hawksresurrection
Registered: 12/04/08
Posts: 13,464
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Re: Cannabis Card and DUI. [Re: KaptKid]
#617925 - 04/13/12 12:49 AM (12 years, 7 months ago) |
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Quote:
KaptKid said:
In my state 4 oz's and under is a misterminer(sp?).
Misdemeanor
And that's not bad. Over an ounce is a felony in my state....I think.....But if you get caught with personal amount, more than likely the cop just wont give a fuck unless you are being an asshole or something.
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Dude she isn't as young as she use to be.
-niteowl
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Steve Buscemi
Registered: 11/15/08
Posts: 2,167
Last seen: 12 years, 2 months
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Re: Cannabis Card and DUI. [Re: Cage]
#617955 - 04/13/12 05:56 AM (12 years, 7 months ago) |
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Quote:
Cage said:
What the hell is the point of getting a cannabis card to avoid getting arrested if you can fuck up admitting you have one? Could you elaborate?
What are you new? The cops can still arrest you at any time for anything if they see fit.
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still beLIEve
State Property..Again
Registered: 04/20/08
Posts: 17,167
Loc: a world thats not my own
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lol 4 ounces in my state is intent to distribute without batting an eye
crazy how much things can change along state lines
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niteowl said:
See, that term pedo gets thrown around a lot.
Is a 16 year old guy having sex w/a 16 year old girl a pedophile?
If not, then how is a 30 year old considered a pedophile for doing the same thing?
I think y'all need to look up the definition for pedophile.
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bryguy27007
Registered: 10/19/08
Posts: 172
Loc: Minnesota
Last seen: 11 years, 10 months
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I don't believe the urine tests can tell if you were high at the time. It just measures concentration of metabolites in the urine (I believe). Since the metabolites for cannabis hang around for so long a heavy user that hasn't smoked in a day or two could test higher than somebody who just smoked 10 minutes before (I believe).
This is why they are having all the trouble coming up with stoned driving laws in medical states (specifically Colorado). I think they developed a mouth swab and the cutoff was something like 5ugs of metabolites but it had the same problem as the urine test, a heavy smoker could be sober and still test positive.
I think your friend might be able to get the charges dropped. Have him get a good lawyer.
In my state, anything over 42.5 grams is a felony.
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King Koopa
Natty
Registered: 06/25/08
Posts: 12,819
Last seen: 1 month, 12 hours
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Quote:
still beLIEve said:
lol 4 ounces in my state is intent to distribute without batting an eye
crazy how much things can change along state lines
Same as Kapt and I's.
Your lawyer can of course get the charges dropped.
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The only requirement for membership is a desire to stop drinking. There are no dues or fees for A.A. membership; we are self-supporting through our own contributions. A.A. is not allied with any sect, denomination, politics, organization or institution; does not wish to engage in any controversy; neither endorses nor opposes any causes. Our primary purpose is to stay sober and help other alcoholics to achieve sobriety.
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VancouverNoob
Closet Noob MMJ
Registered: 03/29/12
Posts: 16
Loc: Portland
Last seen: 9 years, 8 months
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Re: Cannabis Card and DUI. [Re: King Koopa]
#618129 - 04/14/12 01:54 AM (12 years, 7 months ago) |
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Lawyer up, it sounds like they just wanted "numbers". As far as I know they can't tell when you smoked, but generally how much you smoke in past 30 days.
Get a lawyer!!
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Cage
Melancholy Mindfuck.
Registered: 01/13/11
Posts: 645
Last seen: 9 years, 10 months
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That's gonna be a problem, what are the chances with a public attorney...? My friend can't really afford a lawyer.. It's really starting to sound like he's screwed..
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openmind
cannaisseur
Registered: 06/06/08
Posts: 597
Loc: Cannafornia
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Re: Cannabis Card and DUI. [Re: Cage]
#618469 - 04/16/12 07:09 AM (12 years, 7 months ago) |
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What state did this happen in?...
If your buddy was in fact sober, other than the smoke you said he had several hours earlier in the day, sounds like he's been fucked over. The piss test will indeed show positive for cannabis metabolites, and anything he's touched recently obviously.
I am pretty sure they test for metabolites of cannabinoids, not the actual active THC itself. The thing is, at least as far as I know, there is no way to tell if the person is high at the time, or if they so happen to have metabolites in their system....since the metabolites linger in the body for a relatively long while.
But from the stand point of "the law", I think they look at it as if anything shows up as positive it's a DUI, even though it's only the metabolites...Unless I'm wrong and they actually test for the active cannabinoids themselves, I imagine even those would be in the body for many hours, not in high enough concentrations to get you stoned but enough to show positive on a test.
What was he actually charged with?...DUI of cannabis?
-OM
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Tank333
Psychotic Hippie
Registered: 08/19/10
Posts: 1,241
Loc: Washington
Last seen: 4 years, 10 months
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Re: Cannabis Card and DUI. [Re: bryguy27007]
#618483 - 04/16/12 10:42 AM (12 years, 7 months ago) |
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Quote:
bryguy27007 said:
I don't believe the urine tests can tell if you were high at the time. It just measures concentration of metabolites in the urine (I believe). Since the metabolites for cannabis hang around for so long a heavy user that hasn't smoked in a day or two could test higher than somebody who just smoked 10 minutes before (I believe).
This is why they are having all the trouble coming up with stoned driving laws in medical states (specifically Colorado). I think they developed a mouth swab and the cutoff was something like 5ugs of metabolites but it had the same problem as the urine test, a heavy smoker could be sober and still test positive.
I think your friend might be able to get the charges dropped. Have him get a good lawyer.
In my state, anything over 42.5 grams is a felony.
This guy's got it pretty much right. I don't know what state you're in, but here in Washington, they're trying to pass a recreational use bill with a drugged driving clause attached. This is a HUGE danger to any medical patient that's a daily user. It designates a "quantifiable basis for inebriation" as 5ng of THC per ML. I don't know for sure how much I have in my system, but I'm positive its more than that.
Bill like this are horrible, because they're assuming that the body processes cannaboids the same way it does alcohol, cocaine or any other drug. It doesn't. Alcohol and other drugs poison your body and your body does its best to expell it from the body as quickly as possible. THC mimics certain cannaboids that your body produces naturally, so when its introduced to your system, it binds with the fat and is held onto for as long as possible.
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My best run so far
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Cage
Melancholy Mindfuck.
Registered: 01/13/11
Posts: 645
Last seen: 9 years, 10 months
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Re: Cannabis Card and DUI. [Re: openmind]
#618569 - 04/16/12 03:56 PM (12 years, 7 months ago) |
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California, and yes, he was charged with a DUI of cannabis.
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openmind
cannaisseur
Registered: 06/06/08
Posts: 597
Loc: Cannafornia
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Re: Cannabis Card and DUI. [Re: Cage]
#618801 - 04/17/12 08:18 PM (12 years, 7 months ago) |
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Quote:
Cage said:
California, and yes, he was charged with a DUI of cannabis.
Wow!...I honestly was not expecting that.
Not saying it doesn't happen, but I have never heard of such a thing happening to someone in California...and I know many many people that drive after smoking with red eyes and all, or have cannabis on them at all times. Shit, every time I've been stopped/pulled over I've been high and/or had some cannabis on me, and I have been let go every time (5 times now) with out even getting a ticket of any sort.
Sad to say, but true, if I wasn't a white dude it would probably be a completely different story.
Best of luck to your friend...Proving that he was indeed high while driving can be tricky, as others have mentioned a good lawyer always helps, always comes down to $  . Please keep us posted on how things turn out, I'm curious.
-OM
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Tank333
Psychotic Hippie
Registered: 08/19/10
Posts: 1,241
Loc: Washington
Last seen: 4 years, 10 months
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Re: Cannabis Card and DUI. [Re: openmind]
#619081 - 04/18/12 12:14 PM (12 years, 7 months ago) |
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I met someone in jail once who'd been convicted of a DUI while on marijuana. But it wasn't too tough for them to convict him. He was blazed as fuck, and he leaned across the cab of his pickup to make out with his girlfriend. His hand followed his body, and he ran over two mailboxes before he slammed into a telephone pole.
But without damning evidence of that sort to prove your friend was actually inebriated, they will have a hard time convicting him. Just make sure he doesn't plead out. Get the public pretender, and make. Him take it to trial. No jury in California is going to convict a patient of DUI of mmj without serious proof of intoxication, at least I wouldn't imagine so.
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My best run so far
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