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Marijuana DUI: Does Cannabis Impair Driving?

While driving under the influence of marijuana (or any other drug) is prohibited, the test for whether charges are merited is rather subjective. Join us as we explore the current framework for marijuana DUIs and consider what may lie ahead.

3 hours MCLE Credit

 

 

In the spring of 2014, the California legislature considered a bill—AB 2500—that would have made any trace amount of THC in a driver’s bloodstream subject to DUI charges. After several months of consideration, this proposal failed. Unlike alcohol or other drugs, THC can stay in a person’s system for days—long after the high has gone. Advocates feared that marijuana DUIs with specified nanogram limits would subject medical marijuana users to prosecution, even if they had not used marijuana for days. As the National Highway Traffic Safety Administration notes, "It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects." While driving under the influence of marijuana (or any other drug) is prohibited, the test for whether charges are merited is rather subjective. Join us as we explore the current framework for marijuana DUIs and consider what may lie ahead.

Program Highlights:

  • Why quantifiable limits work for alcohol, but not marijuana
  • What about the 5 nanogram limits imposed by Colorado and Washington?
  • How "impairment" is determined in the absence of a quantifiable biological test
  • Role of DREs (Drug Recognition Experts)
  • Punishments for marijuana DUI offenses
  • What your clients should do if pulled over
  • Challenges that can be raised to marijuana DUI charges
  • Is there a better test that should be adopted?

This is a basic level course. No prior experience with DUI cases is required.

On Demand CR51365-191
Recorded 3/15

 

If you are signed in and a CLE Passport holder, your adjusted cost appears below.

$ 259.00

In the spring of 2014, the California legislature considered a bill—AB 2500—that would have made any trace amount of THC in a driver’s bloodstream subject to DUI charges. After several months of consideration, this proposal failed. Unlike alcohol or other drugs, THC can stay in a person’s system for days—long after the high has gone. Advocates feared that marijuana DUIs with specified nanogram limits would subject medical marijuana users to prosecution, even if they had not used marijuana for days. As the National Highway Traffic Safety Administration notes, "It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects." While driving under the influence of marijuana (or any other drug) is prohibited, the test for whether charges are merited is rather subjective. Join us as we explore the current framework for marijuana DUIs and consider what may lie ahead.

Program Highlights:

  • Why quantifiable limits work for alcohol, but not marijuana
  • What about the 5 nanogram limits imposed by Colorado and Washington?
  • How "impairment" is determined in the absence of a quantifiable biological test
  • Role of DREs (Drug Recognition Experts)
  • Punishments for marijuana DUI offenses
  • What your clients should do if pulled over
  • Challenges that can be raised to marijuana DUI charges
  • Is there a better test that should be adopted?

This is a basic level course. No prior experience with DUI cases is required.

PAUL ARMENTANO

PAUL ARMENTANO is the Deputy Director of NORML and a Senior Policy Advisor at Freedom Leaf, Inc. He is an authority in matters regarding marijuana policy, health, and pharmacology, with an emphasis on cannabis and psychomotor performance. His writings and research have appeared in over 750 publications, scholarly and peer-reviewed journals, as well as in more than a dozen textbooks and anthologies. He is the co-author of Marijuana is Safer: So Why Are We Driving People to Drink? (2009, Chelsea Green). Mr. Armentano is the 2013 Freedom Law School Health Freedom Champion of the Year and the 2013 Alfred R. Lindesmith award recipient in the achievement in the field of scholarship. He serves on the faculty of Oaksterdam University, where he lectures on the science specific to the relative safety and therapeutic efficacy of cannabis. Mr. Armentano also provides online content to TheAnswerPage.com, an online medical educational resource that provides daily education and CME credit to healthcare professionals in 120 countries.

DAVID V. RADFORD

DAVID V. RADFORD is the Director of California District Attorneys Association's Traffic Safety Resource Prosecutor Program ("CalTSRP"). CalTSRP provides training for prosecutors and law enforcement officials throughout the state relating to DUI and vehicular homicide cases. Mr. Radford joined the TSRP team in 2007. During his police career he made more than 500 DUI arrests. He was also a Drug Recognition Expert ("DRE") Instructor for the California Highway Patrol and completed more than 1,000 DRE exams. He retired as a Police Captain. After retirement, he served as a Deputy District Attorney in Stanislaus County where he prosecuted various misdemeanor and felony cases. He received his J.D. from John F. Kennedy University School of Law. In 2011, Mr. Radford became CalTSRP's Program Director. In addition to his duties as Program Director, he also serves the CalTSRP Prosecutor for the Northeast Region.

JOSEPH A. ROGOWAY

JOSEPH A. ROGOWAY is the founder of Rogoway Law Group, a boutique criminal defense, business law, and cannabis law firm located in Santa Rosa. Mr. Rogoway is also the co-founder of CAN PAC, the political action committee for the cannabis industry dedicated to pursuing the end of cannabis prohibition and the creation of a regulatory regime for adult cannabis use, production, and distribution. He has co-authored several proposed California ballot initiatives relating to cannabis and is a frequent speaker on cannabis law issues. Mr. Rogoway received his B.A. from the University of California, Santa Cruz and his J.D. from the University of San Francisco School of Law. During his educational career, he also studied abroad at Paracelsus Gymnasium, Germany, Universteit Leiden, the Netherlands, Pazmany University, Hungary, and Charles University in Prague. These experiences, along with a clerkship at Americans for Safe Access, propelled Mr. Rogoway to focus his practice and advocacy skills on cannabis law and criminal defense.

Products specifications
PRACTICE AREA Criminal Law
SUBTOPICS Marijuana
PRODUCT GROUP CLE
Products specifications
PRACTICE AREA Criminal Law
SUBTOPICS Marijuana
PRODUCT GROUP CLE