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The Amount of THC in Your System Does Not Determine Impairment When Driving Says New Federal Government Report
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Why Testing impairment with THC levels is not an accurate benchmark
When it comes to stoner culture, there’s an unwritten understanding that reverberates through the smoke-filled rooms of seasoned stoners: the presence of THC in your system is not a definitive marker of impairment. This nuanced perspective, born out of countless personal experiences and observations, contrasts sharply with the blunt instrument approach adopted by law enforcement agencies across the nation.
For years, the legal threshold of THC content in one’s bloodstream has been wielded like a gavel, ready to pronounce judgement on one’s ability to operate a vehicle safely. But the science behind this method of assessment is far from settled, and voices from within the very institutions that enforce these rules are beginning to question their validity.
Enter the arena, a researcher from the Justice Department, who recently cast a spotlight on the glaring discrepancies between THC levels and actual impairment, especially among those who consume cannabis regularly. This acknowledgment from a figure within a federal agency marks a significant pivot in the conversation around cannabis, driving, and the law.However, we have had federal judges make comments which impacted absolutely nothing save for a few stoners who said, “Look, the feds agree!”
Nonetheless, it’s a recognition that the current metrics might not just be flawed but could be fundamentally misaligned with the realities of cannabis consumption and its effects on the human body.
The implications of this critique extend far beyond the legal skirmishes on the roadside; they touch on the very heart of how society understands, regulates, and integrates cannabis use within the framework of daily life.
This article aims to dive deep into the murky waters of THC impairment testing while driving. We’ll explore the scientific underpinnings (or lack thereof) that inform current policies, the peculiarities of THC metabolism that challenge the notion of a one-size-fits-all impairment standard, and the potential paths forward in creating a more nuanced and just system of evaluation. Through this exploration, we seek to illuminate the complexities of cannabis impairment, advocating for a shift from rigid, THC-centric measures towards approaches that genuinely reflect an individual’s capacity to drive safely.
A recent Justice Department research says states may need to “get away from” per se THC limits for determining cannabis impairment while driving.
“The problem is we’ve funded this research that pretty conclusively shows that the THC concentration in the blood is not particularly well-correlated with impairment for driving,” said Frances Scott, a DOJ physical scientist, on a recent podcast. “Maybe what we need to do is kind of get away from that idea that we can sort of have a number when it comes to marijuana and have that mean that you’re impaired.”
One major issue is that frequent and infrequent marijuana users metabolize THC differently. “If you have chronic users versus infrequent users, they have very different concentrations correlated to different effects,” Scott explained. “So the same effect level, if you will, will be correlated with a very different concentration of THC in the blood of a chronic user versus an infrequent user.”
A recent study funded by the federal government identified new methods to test for recent cannabis use that accounts for lingering THC metabolites (Hound Labs, 2022). But we still lack “a good metric” for impairment.
“With alcohol, we per se laws—that’s the 0.08 [blood alcohol content], right?” said Scott. “If we demonstrate that your blood alcohol content is over 0.08, that’s all I have to do to prove impairment.”
But THC is more complex. “Maybe it’s not a blood measure or a breath measure,” she said. While the Justice Department continues researching a marijuana breathalyzer, they’re also funding alternative tests like saliva swabs and assessments of eye functioning.
Some research has found little link between THC blood levels and crash risk. A 2019 study concluded drivers at the legal limit of 2-5 ng/mL were no more likely to crash than sober drivers (Sewell, 2019). And a Congressional Research Service review found “conflicting results” on crashes and THC levels (CRS, 2019).
With unclear science, lawmakers want clarity. A 2022 House bill supported developing “an objective standard” for marijuana impairment. And Senator John Hickenlooper requested an update on research barriers inhibiting standardized cannabis impairment tests.
But the path forward remains unclear. “We may need better tests,” said Scott. Until then, per se THC limits seem unreliable for determining driver impairment.
With blood THC levels an unreliable metric, the question lingers: how can we accurately measure marijuana impairment, especially for drivers? The path forward is unclear.
“We may need better tests,” said DOJ researcher Frances Scott recently. But until new technology emerges, assessing impairment likely requires in-person evaluations. These could gauge reaction times, decision-making abilities, and motor coordination through tablet apps or roadside maneuvers.
One app, DRUID, claims to measure marijuana impairment. I once interviewed its developer, who said DRUID assesses hand-eye coordination, time estimation, and inhibitory control. While results aren’t foolproof, it aims to provide an objective benchmark. But most law enforcement lacks access to such apps currently.
Thus, we largely rely on field sobriety tests for cannabis. These include the horizontal gaze nystagmus test, which measures jerky eye movements linked to intoxication. But results aren’t cannabis-specific and such exams bring subjectivity. “There are no conclusive tests to measure marijuana impairment,” said Jolene Forman of the Drug Policy Alliance.
Plus, even if a driver seems impaired, determining the substance’s role is tough. “Because cannabis can be detected in bodily fluids for up to a month after last use, it is inherently difficult to determine whether or not an individual operated a vehicle while impaired,” said NORML deputy director Paul Armentano.
This lack of clarity poses issues headed toward potential federal legalization. Those impaired on marijuana may dodge charges today. And frequent consumers like medical patients might fail sobriety tests despite no recent use.
“Someone who consumes cannabis daily or multiple times per day is more likely to have residual THC in their system that exceeds per se limits but is not necessarily impaired,” said Armentano.
Until we have better impairment measures, the clearest way forward is two-fold. One, set traffic safety laws based on actual impairment versus THC levels. Two, improve and standardize field impairment exams to rely less on blood draws and more on observable intoxication signs. There is no panacea currently to determine cannabis impairment for drivers. But bolstering roadside exams can help clarify justice, especially as marijuana gains legal traction nationwide.
Determining cannabis impairment for drivers remains a perplexing challenge. Unlike alcohol tests, THC blood levels don’t accurately gauge intoxication. “We may need better tests,” said Scott. But until then, we must base roadside impairment on observables not numbers.
Still, accurately measuring marijuana intoxication levels is crucial, especially headed toward likely federal legalization. Relying solely on subjective sobriety exams brings inconsistencies in charges and convictions. And without clarity, frequent consumers like medical patients may fail tests despite no recent usage due to lingering THC.
“Because cannabis can be detected in bodily fluids for up to a month after last use, it is inherently difficult to determine whether or not an individual operated a vehicle while impaired,” said Armentano.
The need for innovation is urgent. Apps like DRUID show early promise in objectively measuring cannabis impairment via assessments of motor skills and cognitive functioning. While not yet foolproof, technology may propel solutions.
“There are no conclusive tests to measure marijuana impairment,” said Forman. Conclusiveness is needed to determine driver fitness, administer justice properly, and shape intelligent roadway policies centered on actual intoxication levels versus metabolism technicalities.
Whoever cracks the code on measuring cannabis impairment stands to gain big. Not only fame as a champion of safe, legal marijuana access, but likely billions in technology licensing and implementation.
“That’s also well-understood,” said Scott on alcohol tests’ accuracy. We need similar understanding of marijuana markers that determine real-time impairment regardless of usage frequency. Until then, the race is on to develop reliable cannabis tests to clarify justice, better protect all motorists, and allow informed usage policies for marijuana-friendly worlds ahead. The innovator who creates a foolproof impairment gauge will help drive that future while securing their own fortune.
SOURCE URL: https://www.marijuanamoment.net/scientists-develop-new-method-to-test-
for-recent-marijuana-use-with-96-accuracy-in-federally-funded-driving-simulation-study/
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November 14, 2024By
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In a recent interview, former New Jersey Governor Chris Christie made headlines by asserting that President-elect Donald Trump will pursue significant reforms in federal policies regarding marijuana and cryptocurrency. As the nation grapples with evolving attitudes toward cannabis and the burgeoning digital currency market, Christie’s predictions have ignited discussions about the potential implications of such changes on both industries. This article delves into Christie’s insights, the current state of marijuana and cryptocurrency regulations, and the broader implications of these anticipated reforms.
The Current Landscape of Marijuana Legislation
Federal vs. State Laws
Marijuana remains classified as a Schedule I substance under the Controlled Substances Act (CSA), which places it in the same category as heroin and LSD. This classification has created a complex legal landscape where states have moved to legalize cannabis for medical and recreational use, while federal law continues to impose strict prohibitions. As of now, over 30 states have legalized marijuana in some form, leading to a burgeoning industry that generates billions in revenue.
Challenges Faced by the Cannabis Industry
Despite its legality in many states, the cannabis industry faces significant hurdles due to federal restrictions. These challenges include:
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Banking Access: Many banks are hesitant to work with cannabis businesses due to fear of federal repercussions, forcing these businesses to operate largely in cash.
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Taxation Issues: The IRS enforces Section 280E of the tax code, which prohibits businesses engaged in illegal activities from deducting normal business expenses, leading to disproportionately high tax burdens for cannabis companies.
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Interstate Commerce: The lack of federal legalization prevents cannabis businesses from operating across state lines, limiting their growth potential.
Chris Christie’s Perspective on Marijuana Reform
Christie, a former presidential candidate known for his tough stance on drugs during his tenure as governor, has evolved his views on marijuana over the years. In his recent statements, he emphasized that Trump is likely to pursue descheduling cannabis, which would remove it from the Schedule I classification. This move would not only provide clarity for businesses operating in legal markets but also open avenues for banking and investment.
Christie highlighted that descheduling would allow for a more regulated market where safety standards could be established, thus protecting consumers. He believes that this approach aligns with a growing consensus among Americans who support legalization and recognize the potential benefits of cannabis use for both medical and recreational purposes.
The Future of Cryptocurrency Regulation = The Rise of Cryptocurrencies
Cryptocurrencies have surged in popularity over the past decade, with Bitcoin leading the charge as the first decentralized digital currency. The market has expanded to include thousands of alternative coins (altcoins), each with unique features and use cases. As cryptocurrencies gain traction among investors and consumers alike, regulatory scrutiny has intensified.
Current Regulatory Challenges
The cryptocurrency market faces several regulatory challenges that hinder its growth and adoption:
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Lack of Clarity: Regulatory frameworks vary significantly across states and countries, creating confusion for investors and businesses.
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Fraud and Scams: The rapid growth of cryptocurrencies has led to an increase in fraudulent schemes targeting unsuspecting investors.
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Consumer Protection: Without clear regulations, consumers are often left vulnerable to risks associated with volatile markets.
Christie’s Vision for Crypto Regulation
Christie believes that under Trump’s leadership, there will be an effort to find a “sweet spot” for cryptocurrency regulation balancing innovation with consumer protection. He argues that overly stringent regulations could stifle growth in this emerging sector while too little oversight could expose consumers to significant risks.
In his view, a balanced regulatory framework would include:
1. Clear Definitions: Establishing clear definitions for different types of cryptocurrencies and tokens to differentiate between securities and utility tokens.
2. Consumer Protections: Implementing measures to protect investors from fraud while promoting transparency within the market.
3. Encouraging Innovation: Creating an environment conducive to innovation by allowing startups to thrive without excessive regulatory burdens.
Christie’s insights reflect a growing recognition among policymakers that cryptocurrencies are here to stay and that appropriate regulations are necessary to foster growth while safeguarding consumers.
Implications of Proposed Reforms
Economic Impact
The potential reforms proposed by Christie could have far-reaching economic implications:
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Job Creation: Legalizing marijuana at the federal level could lead to significant job creation within the cannabis industry—from cultivation and production to retail sales.
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Investment Opportunities: Descheduling cannabis would open up investment opportunities for institutional investors who have been hesitant due to federal restrictions.
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Boosting Local Economies: Legal cannabis markets have proven beneficial for local economies through increased tax revenues and job creation.
Similarly, clear regulations around cryptocurrencies could stimulate investment in blockchain technology and related industries, fostering innovation and economic growth.
Social Justice Considerations
Both marijuana legalization and sensible cryptocurrency regulations have social justice implications:
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Addressing Past Injustices: Legalizing marijuana could help rectify past injustices related to drug enforcement policies that disproportionately affected marginalized communities.
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Financial Inclusion: Cryptocurrencies offer opportunities for financial inclusion for those underserved by traditional banking systems, particularly in low-income communities.
Political Landscape
The political landscape surrounding these issues is complex. While there is bipartisan support for marijuana reform among certain lawmakers, challenges remain in overcoming entrenched opposition. Similarly, cryptocurrency regulation has garnered attention from both sides of the aisle but requires collaboration to establish effective frameworks.
Conclusion
Chris Christie’s predictions about President-elect Donald Trump’s approach to federal marijuana descheduling and cryptocurrency regulation suggest a potential shift in U.S. policy that could significantly reshape both industries. As public opinion evolves on these issues, lawmakers have an opportunity to enact meaningful reforms that promote economic growth while ensuring consumer protection. The anticipated changes could foster a more robust cannabis industry that contributes positively to the economy and addresses social justice concerns, while clear regulatory frameworks for cryptocurrencies could encourage innovation and protect consumers in the digital economy. Stakeholders in both sectors are closely watching these developments, eager to see how potential reforms might impact their futures. While the realization of Christie’s predictions remains uncertain, it’s clear that the conversation around marijuana and cryptocurrency regulation is ongoing and far from settled.
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Webinar Replay: Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em
Published
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November 13, 2024By
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On Thursday, November 7th, Vince Sliwoski, Aaron Pelley and Fred Rocafort held a post election discussion “Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em”. Watch the replay!
Key Takeaways from the “Smoke ’em if You’ve Got ’em – 2024 Post Election Cannabis Wrap” Webinar:
- Panelists:
- Vince Sliwoski: Oregon Business lawyer specializing in cannabis and commercial real estate.
- Aaron Pelley: Experienced in cannabis law since Washington’s legalization in 2012.
- Fred Rocafort: Trademark attorney working closely with the cannabis team.
- Election Results Overview:
- Most 2024 cannabis ballot measures did not pass.
- Florida, South Dakota, and North Dakota saw failures.
- Nebraska became the 39th state to legalize cannabis for medical use when it passed two cannabis initiatives, Initiatives 437 and 438.
- Federal and State-Level Developments:
- Medical use is currently legal in 38 states, and 24 states allow recreational use.
- Republican support for marijuana legalization is growing.
- Federal Policy Implications:
- Schedule III Rescheduling: The process to move cannabis to Schedule III is ongoing, which could significantly impact the industry.
- Importance of Federal Appointments: The future of cannabis policy depends heavily on who is appointed to key positions in the administration.
- International and Domestic Trade:
- Schedule III status could ease import/export restrictions on cannabis.
- Unified control of House, Senate, and presidency might expedite legislative progress.
- Economic and Industry Impact:
- Cannabis stocks experienced volatility post-election, reflecting investor uncertainty.
- Federal legalization and banking reforms are crucial for industry stability and growth.
- Future Outlook:
- The potential for federal rescheduling remains strong, with hearings scheduled for early 2025.
- State-level initiatives and regulatory developments will continue to shape the industry.
“How Long Does One Puff of Weed Stay in Your System?”… This topic can be difficult to answer since it is dependent on elements such as the size of the hit and what constitutes a “one hit.” If you take a large bong pull then cough, it might linger in your system for 5-7 days. A moderate dose from a joint can last 3-5 days, whereas a few hits from a vaporizer may last 1-3 days.
The length of time that marijuana stays in the body varies based on a number of factors, including metabolism, THC levels, frequency of use, and hydration.
Delta-9-tetrahydrocannabinol, or THC, is the primary psychoactive component of cannabis. THC and its metabolites, which remain in your body long after the effects have subsided, are detected by drug tests.
Since these metabolites are fat-soluble, they cling to bodily fat molecules. They could thus take a while to fully pass through your system, particularly if your body fat percentage is higher.
THC is absorbed by tissues and organs (including the brain, heart, and fat) and converted by the liver into chemicals such as 11-hydroxy-THC and carboxy-THC. Cannabis is eliminated in feces at a rate of around 65%, while urine accounts for 20%. The leftover amount might be kept within the body.
THC deposited in bodily tissues ultimately re-enters the circulation and is processed by the liver. For frequent users, THC accumulates in fatty tissues quicker than it can be removed, thus it may be detectable in drug tests for days or weeks following consumption.
The detection time varies according to the amount and frequency of cannabis usage. Higher dosages and regular usage result in longer detection times.
The type of drug test also affects detection windows. Blood and saliva tests typically detect cannabis metabolites for shorter periods, while urine and hair samples can reveal use for weeks or even months. In some cases, hair tests have detected cannabis use over 90 days after consumption.
Detection Windows for Various Cannabis Drug Tests
Urine Tests
Among all drug tests, urine testing is the most commonly used method for screening for drug use in an individual.
Detection times vary, but a 2017 review suggests the following windows for cannabis in urine after last use:
– Single-use (e.g., one joint): up to 3 days
– Moderate use (around 4 times a week): 5–7 days
– Chronic use (daily): 10–15 days
– Chronic heavy use (multiple times daily): over 30 days
Blood Tests
Blood tests generally detect recent cannabis use, typically within 2–12 hours after consumption. However, in cases of heavy use, cannabis has been detected up to 30 days later. Chronic heavy use can extend the detection period in the bloodstream.
Saliva Tests
THC can enter saliva through secondhand cannabis smoke, but THC metabolites are only present if you’ve personally smoked or ingested cannabis.
Saliva testing has a short detection window and can sometimes identify cannabis use on the same day. A 2020 review found that THC was detectable in the saliva of frequent users for up to 72 hours after use, and it may remain in saliva longer than in blood following recent use.
In areas where cannabis is illegal, saliva testing is often used for roadside screenings.
Hair Tests
Hair follicle tests can detect cannabis use for up to 90 days. After use, cannabinoids reach the hair follicles through small blood vessels and from sebum and sweat surrounding the hair.
Hair grows at approximately 0.5 inches per month, so a 1.5-inch segment of hair close to the scalp can reveal cannabis use over the past three months.
Factors Affecting THC and Metabolite Retention
The length of time THC and its metabolites stay in your system depends on various factors. Some, like body mass index (BMI) and metabolic rate, relate to individual body processing, not the drug itself.
Other factors are specific to cannabis use, including:
– Dosage: How much you consume
– Frequency: How often you use cannabis
– Method of consumption: Smoking, dabbing, edibles, or sublingual
– THC potency: Higher potency can extend detection time
Higher doses and more frequent use generally extend THC retention. Cannabis consumed orally may remain in the system slightly longer than smoked cannabis, and stronger cannabis strains, higher in THC, may also stay detectable for a longer period.
How Quickly Do the Effects of Cannabis Set In?
When smoking cannabis, effects appear almost immediately, while ingested cannabis may take 1–3 hours to peak.
The psychoactive component THC produces a “high” with common effects such as:
– Altered senses, including perception of time
– Mood changes
– Difficulty with thinking and problem-solving
– Impaired memory
Other short-term effects can include:
– Anxiety and confusion
– Decreased coordination
– Dry mouth and eyes
– Nausea or lightheadedness
– Trouble focusing
– Increased appetite
– Rapid heart rate
– Restlessness and sleepiness
In rare cases, high doses may lead to hallucinations, delusions, or acute psychosis.
Regular cannabis use may have additional mental and physical effects. While research is ongoing, cannabis use may increase the risk of:
– Cognitive issues like memory loss
– Cardiovascular problems including heart disease and stroke
– Respiratory illnesses such as bronchitis or lung infections
– Mood disorders like depression and anxiety
Cannabis use during pregnancy can negatively impact fetal growth and development.
Duration of Effects
Short-term effects generally taper off within 1–3 hours, but for chronic users, some long-term effects may last days, weeks, or even months. Certain effects may even be permanent.
Bottom Line
The amount of time that cannabis remains in your system following a single use varies greatly depending on individual characteristics such as body fat, metabolism, frequency of use, and mode of intake. Frequent users may maintain traces of THC for weeks, whereas infrequent users may test positive for as little as a few days. Hair tests can disclose usage for up to 90 days, while blood and saliva tests identify more recent use. Urine tests are the most popular and have varying detection durations. The duration that THC and its metabolites are detectable will ultimately depend on a number of factors, including dose, strength, and individual body chemistry.
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