Virginia Lawyer VA Lawyer August 2020 : Page 31

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GENERAL INTEREST marijuana or not. 5 Other prosecutors in states across the country are also refusing to pursue crimi-nal charges for the possession of cannabis. Prosecutors in New York City, Baltimore, and St. Louis have all stated they will not be spending valuable time and resources on pursuing marijuana convictions they perceive to be a petty crime. Although the possession of marijuana remains illegal under federal law, the nation’s attitude has shifted regarding cannabis policies. In St. Louis, prosecuting attorneys have begun dismissing most marijuana related charges because they believe their time would be better spent on other cases. In New York City, aside from cases that impact public safety, cannabis prosecutions have dropped from 5,000 to 200 a year. Lastly, in Baltimore, prosecutors will continue to pursue marijuana trafficking and distribution cases, but resourc-es will largely be redirected to addressing vio-lent crimes and dangerous drug syndicates. 6 Marijuana Use and Driving Under the Influence As the most-used recreational drug in the US, marijuana is often combined with alcohol consumption. Marijuana is not only associated with heavy drinking, but also the development of alcohol use disorders. 7 Continually, while alcohol primes the brain for a heightened response to marijuana use, early exposure to cannabis decreases brain reactivity to dopamine, leading to an in-creased vulnerability for alcohol addiction. 8 There is some evidence supporting the belief that alcohol causes a faster absorption of Tetrahydrocannabinol (“THC”). THC is the main psychoactive compound in cannabis. So, when marijuana and alcohol are used simultaneously, they can amplify the effects of each other. 9 Blood Alcohol Content (“BAC”) testing and THC level testing during traffic stops are very different and should be taken into consideration. When an individual consumes alcohol, it is easier to track how it is absorbed in and eliminated from the body. It is concur-rently easy to test a person’s BAC, which is a good indicator of their inebriation level. However, THC, which is the main psycho-active compound in cannabis, is much harder to test and in many situations is not a reliable way to determine whether a person is driving under the influence (“DUI”). It is possible to detect the THC content in an individual through the testing of his or her blood or urine, which is not practical during a nor-mal traffic stop. There is no uniform law for determining how THC level testing should be used during traffic stops and there is no uniform guide for how to conduct drug screening. There is also no breathalyzer for determining THC and no national testing standard for driving under the influence of marijuana, which can lead to significant issues when an individual is pulled over for a traffic stop. 10 When it comes to the statistics behind driving under the influence of marijuana, almost all states who have legalized marijuana have seen an increase in drivers operating motor vehicles while “high” on marijuana. In Colorado, traffic fatalities increased by 16 per-cent in the three years after legalization com-pared to the average within the state in the final four years before legalization. Research studies conducted in Norway have conclud-ed that marijuana use increases the risk of a vehicle collision by 30 percent compared to a sober driver. 11 Also, 69 percent of marijua-na users have admitted to driving under the influence of marijuana at least once in the past year and 27 percent have admitted they drove under the influence almost daily. However, many recreational users said they didn’t think it affected their ability to drive safely. 12 Increased Emergency Room Visits As marijuana has become legalized in states across the US, hospitalization rates have also increased. Emergency Department (“ED”) visits have nearly doubled since 2010 and calls to Poison Control have almost quadrupled since 2006. 13 Inhaled marijuana (smoke or vapers) and marijuana-infused foods and candies have led to the most medical issues. After using marijuana in these ways, patients were admitted to the ED with symptoms such as: vomiting, racing heartbeats, and even psychotic episodes. 14 The main reason for the upsurge in ED visits is the increasing con-centrations of THC in marijuana. Before the 1990s, THC concentration was less than two percent, gradually increasing to four percent. Then, between 1995 and 2015 THC content in the marijuana flower surged to a 212 percent increase. 15 Common ways to consume marijuana in-www.vsb.org GENERAL INTEREST FEATURES | VOL. 69 | AUGUST 2020 | VIRGINIA LAWYER 31 1

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