This video is about whether Over the counter CBD can convert to THC? Can your CBD find your blood full of active delta 9 THC?
I’ve been accused online of not knowing much about marijuana. That sativa does this and indica does that but these are all generalizations.
CBD is an active but an effective anti-inflammatory for many people.
It is gaining popularity nationwide and sometimes those using medical marijuana will also use CBD.
In NYS the police use blood tests, NOT urine tests.
In New York the prosecution and the police want a blood test that indicates the presence of delta-9 THC because that is the ACTIVE substance that gets you high. Being high can impair you, maybe if you are familiar with the effects of cannabis you are capable of functioning without any impairment. In NYS they must prove you are on an active drug and that drug has impaired your ability to drive both mentally and physically.
If your CBD has any traces of THC, they may show up on a urine test. This is because with urine they are testing for metabolites, they stay in your system for up to 30 days and are the byproducts of THC.
Urine testing is sensitive and may yield a flash positive for THC use.
But forensic blood testing in NY for marijuana will show if it’s ACTIVE THC or INACTIVE metabolites.
I have not seen a DA in NY prosecute anyone for CBD or THC metabolites.
OTC CBD will NOT convert biochemically to THC.
I don’t believe in most instances the police can say for certainty what you are on and if you are on anything. Some people act under the influence all the time and some people high as f don’t show any physiological changes.
I believe there will be a Marijuana per se law in the future in all 50 states. Right now we only have one drug: alcohol with a legal limit of .08 BAC nationally. With cannabis we have per se laws in some states but not in others. A per se law defines a specific amount (quantity) of a drug that cannot be in body while driving.
In some states it is set at 1 nanogram and others 5 nanograms, in some states it is only active substance in others metabolite (inactive), and others it is only in blood, others urine and blood.
In New York DWAI (driving while ability impaired) drugs has a specific level of proof under New York State law. New York law enforcement love to use just a blood test to prove active delta-9 THC. That is the standard.
DWAI Drugs VTL 1192 (4) is prosecuted by showing that you consumed a drug, and that that drug actually impaired your ability to operate a ca to any extent.
We must always look at New York State’s definition of each crime for understanding what exactly needs to be shown to a judge or a jury to define actual impairment.
The NYS jury instructions loosely but clearly paraphrased:
Safe and prudent driving require at all times that a driver be able to think clearly and act carefully. If a driver consumes drugs and the driver loses ANY EXTENT of his mental abilities and his physical responses BECAUSE OF the consumption of drugs, the law considers that he has operated his vehicle while under the influence of a drug or drugs.
New York DWAI drugs criminal charges can affect people in many areas of their life. Bringing some certainty to some of these areas can often lessen the fear and the concerns.
Newman and Cyr is a boutique DWI defense firm located in Ithaca, NY and serving the Finger Lakes region.
Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
larry@ithacadwi.com
607-229-5184
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