The legal hemp market has been blown up and this has changed convenience stores and boutique dispensaries in Atlanta. Now that people can buy Delta-8 THC, HHC, and Delta-10 gummies, vapes and tinctures over the counter all legally at the age of legal majority. Since these products are in line with both the 2018 Farm Bill and the existing state hemp laws, these consumers tend to think that they are safe in all aspects, including being chemical and legally.
But the great disillusionment between what is legal to consume and what is legal to possess in your system behind the wheel is gigantic. When you get pulled over and have ingested a legal hemp-derived cannabinoid, you are entering the extremely technical and insidious arena of a charge of DUI-Drugs.
The “Any Drug” Standard of O.C.G.A. § 40-6-391
The first thing that comes to the mind of the majority of drivers is that DUI refers to alcohol (.08 BAC) or illegal drugs such as cocaine. However, the DUI law (O.C.G.A. § 40-6-391(a) (2)) of Georgia has a blanket, catch-all clause: it is unlawful to operate a motor vehicle under the influence of any drug such that the effect would cause you to be less safe to drive.
The legislation fails to differentiate between a Schedule I narcotic purchased in the street and a legal Delta-8 gummy purchased in a vape shop of Buckhead. When the law enforcer feels that the substance has affected your motor skills, reaction and judgment, then he or she will arrest you.
The “Middling” Intoxication Problem.
Delta-8 and HHC are commonly sold to customers as a diet weed or a middle-range high- containing both a physical relaxation without the strong psychoactive properties of conventional Delta-9 THC. This advertising generates a false illusion of a sense of security. A motorist may think he or she is in the right state of mind and is more than able to drive a car safely.
This risk occurs when a physical examination of a traffic stop is being conducted. Police officers learn to identify certain physiological indicators of impairment, including dilation of the pupil, absence of convergence of the eyes or rapid heartbeat. The reaction of all cannabinoids to the central nervous system makes ideal even a perfectly legal Delta-8 vape arouse the same physiological reactions. This provides the officer with the probable cause they require to arrest you even in the event that what you are actually capable of is driving well.
The Blood Test Trap: Metabolites vs. Impairment.
In the case of a suspected DUI-Drugs arrest, a state will certainly demand a blood test. Here we start to have the nightmare of the law.
Whenever you take Delta-8 or HHC, the cannabinoids are processed by your liver and they are left behind in the form of metabolites. These THC metabolites are screened or sampled on at the Georgia Bureau of Investigation (GBI) crime lab using blood. The critical flaw? The laboratory equipment is usually incapable of completely differentiating between the metabolites of illegal Delta-9 marijuana and the lawful Delta-8 hemp.
Moreover, the cannabinoids are fat-soluble. They are able to stay in your blood system up to days or even weeks after taking them. A positive blood test does not establish the fact that you were impaired when driving, it simply establishes that you have used a cannabinoid in the recent past. However, prosecutors habitually apply such laboratory sets of findings in influencing juries not well informed of the sophisticated pharmacokinetics of THC.
Dueling a contemporary DUI-Drugs Case.
The litigation required to defend a case of legal hemp derivatives is very technical. One cannot just go to court and defend himself by saying, the product was legal to purchase. An effective DUI Lawyer Atlanta should be able to actively undermine scientific evidence by the state.
A robust defense involves:
Assaulting the DRE Protocol: Disputing the medical credentials of the arresting officer and demonstrating that the physical indicators that he or she measured were simply due to exhaustion, stress, or your normal biological levels.
Controversial to the Lab Results: Requiring the state to acknowledge that their gas chromatography-mass spectrometry (GC-MS) instrument cannot identify when the drug was last used and it cannot conclusively identify whether the active impairment or the inactive, residual metabolites were present.
Protecting Your Future
A conviction of DUI-Drugs comes with all of the same devastating punishment as an alcohol DUI: suspension of license, huge fines, obligatory probation, and a criminal record forever. When the designer cannabinoids age has arrived, no longer can you plump the “it was legal” defense to bail out your license.
You must have a legal counselor who knows forensic toxicology as well as he or she knows the law. James Yeargan is an Atlanta based DUI attorney whom you can trust to handle the complicated science of the cannabinoid testing. In the event that your liberty is in danger due to a misconceived hemp product, renting a technically skilled DUI Attorney Atlanta will be your best asset in breaking down the case of the state and keeping your record safe.
