Menu Contact
Robert D. DiDio & AssociatesRobert D. DiDio
& Associates
Call To Schedule An Appointment
917-300-0984
SERVING NEW YORK WITH INTEGRITY & COMMITMENT

Marijuana & drugged driving: Are innocent people being prosecuted?

Nearly half of all states have legalized marijuana (or marijuana-derived products) for medicinal use, including New York. This has reduced the vast number of individuals prosecuted each year for non-violent drug offenses. But it has also led to confusion and legal snags.

Marijuana is still illegal under federal law. And in states where it is legal, legislators and police departments are trying to figure out how to effectively fight drugged driving.

First of all, the mere presence of THC in the blood does not prove that someone is high. THC can be detected and measured in blood tests. But THC tends to stay in a person's body long after the high/impairment has worn off. This means that someone arrested for suspected drugged driving could be charged despite not being at all impaired.

Second, being high on marijuana is hard to quantify. Drugs affect each person differently, based on factors such as their body size, tolerance and history of use. One person with high levels of THC in their blood is not necessarily more impaired than someone with lower levels of the chemical. Some states have tried to set legal thresholds for impairment (5 nanograms in Colorado), but these thresholds were arbitrarily chosen.

Finally, there are no reliable tools for conducting roadside impairment tests. Breathalyzers can detect the level of alcohol in a person's body quickly and accurately (most of the time). But there is no such device to test marijuana levels. It can take up to two hours for police to obtain a warrant for a blood test, by which time THC levels may have dropped considerably.

Recently, auto club AAA released the results of a study arguing that there is no scientific evidence to support the marijuana impairment laws some states have adopted. Because of this, unimpaired drivers have likely been prosecuted due to fact that they had lingering THC in their blood.

Most Americans agree that the legalization of medical marijuana is humane, and that legalization of recreational marijuana is a practical necessity considering just how many people use the drug. While we continue to face the bumps and hurdles caused by pot's changing legal status, we need to ensure that innocent people are not being convicted of crimes based on arbitrarily chosen standards.

No Comments

Leave a comment
Comment Information

What Our Clients Say

  1. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  2. Johnny From Astoria

    "Mr. DiDio represented me during a murder trial in 2008. I was acquitted of all charges and released from jail after a four-week trial. I am now pursuing a civil suit against the police to compensate me for the time I was wrongfully incarcerated. Mr. DiDio literally saved...

    - GREAT JOB MR. DiDIO!”
  3. Frank from South Jamaica

    “Narcotics officers from Queens County arrested me in front of my house and claimed I had pre-recorded buy money in my pocket after they said I sold cocaine to an undercover officer a few minutes earlier. I was not guilty of the charges and planned to go to trial to prove...

    - GREAT JOB MR. DiDIO!”
  4. Lamar from Brooklyn

    “The Special Narcotics Prosecutor in Manhattan indicted me for the possession of a large quantity of crack cocaine. The police officers claimed they saw me make a sale of cocaine to a female and while they were arresting me, they said a softball size bag of crack cocaine fell from...

    - GREAT JOB MR. DiDIO!”
  5. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  6. Kenny From Jamaica Queens

    “I don’t know how to thank Mr. DiDio and his Staff. When I first hired the Law Office of Robert DiDio & Associates, I had two violent felony charges pending against me. I had little or no hope of avoiding significant jail time. My former attorney was encouraging me...

    - GREAT JOB MR. DiDIO!”
  7. Christian from Long Island

    "My mother hired Mr. DiDio to represent me for my first and only criminal case. I was charged with criminal possession of a loaded firearm and other minor charges. Prior to indictment the Prosecutor's Office offered me a plea bargain that would include me pleading guilty to...

    - GREAT JOB MR. DiDIO!”
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
Kew Gardens Law Office Map