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The first step in tackling prescription gummies and medical marijuana is to understand how these products are created.The first step in addressing prescription gummies and medical marijuana is to appreciate how they are developed.
The cannabis, hemp derived cannabis and prescribed cannabis laws have been transformed over the past few years. In the Atlanta area, consumers can easily find legal hemp-derived THC seltzers, local dispensary-purchased delta-8 or delta-9 gummies, and state-approved medical cannabis low-THC oil in the treatment of qualifying conditions. Many drivers may think that these products are legally bought and used openly, therefore, no legal risk exists in their use while operating a motor vehicle, as long as the driver does not feel intoxicated. Sadly, Georgia’s drunk driving laws are based on a strict and unforgiving stance. Authorities and prosecutors routinely view the presence of any amount of a psychoactive drug as a criminal fact and an automatic reason to prosecute a motorist that probably drove without knowing they had been impacted.Police and prosecutors often have an “all or nothing” mindset when it comes to a psychoactive substance, creating a huge blind spot for many motorists who are arrested annually without realizing that they were affected.
The legal danger must be understood by reading the Georgia law on driving while intoxicated, O.C.G.A. Section 40-6-391. There are two main ways the state can pursue a “DUI-Drugs” charge: showing that the driver is impaired to the point that it is unsafe to operate a motor vehicle; or through certain “per se” provisions relating to controlled substances and metabolites. Whereas the legislature had set a clear numerical standard with the number of grams necessary for a per se violation with alcohol, a universal accepted standard for impairment is not available for the majority of prescription drugs or for cannabinoids with chemical science. Active THC metabolites (drugs that still have the psychoactive and cognitive effects) and inactive metabolites of carboxy-THC (also present in a person’s bloodstream or urine, but no longer psychoactive or cognitively active), can still be detected long after the effects of the drug have faded. A person who has taken a legal hemp product regularly—whether as a product or as a medicine prescribed by their physician—can test positive for the substance after days of driving without being intoxicated or having any drugs in their system.
Local police officers are frequently the ones who make a subjective decision to arrest an Atlanta motorist when they suspect he or she is driving while intoxicated or impaired by drugs at the scene. When a driver confesses to using a prescribed medication for feeling anxious, muscle pain or to fall asleep, or during a patrol if an officer sees a container of legal hemp gummies in the console, the wheels of the cop car turn to a different topic. Officers can have a Drug Recognition Expert (DRE) to conduct a standardized evaluation that includes checking pupil dilation, pulse rates and physical coordination. These DRE evaluations, however, are subjectively oriented and confirmation biased. An officer who is desperate to make an arrest for drug use will dismiss any cause of natural fatigue, or seasonal allergies, or nervousness, or any number of other non-chemical causes as “drug use.
The statutory penalties resulting from a DUI-Drugs conviction are identical to those for a DUI caused by alcohol, with high financial penalties, mandatory probation, community service, and harshly restrictive driver’s licenses being just a few of the penalties imposed. What’s more important, however, is that administrative licence suspensions for drug possession charges can be more limiting – impacting on someone’s ability to get to work or fulfill their personal responsibilities. Professionals like nurses, corporate executives, commercial drivers, and others are now having their licenses and certifications revoked because of the state crime lab finding traces of chemicals in their body. The idea that it’s legal at the gas pump, means it’s legal on the road, is a perilous misconception which allows too many citizens to be subjected to needless criminal prosecution.
A successful DUI-Drugs defense relies on a strong defense challenging the theory that the police officer and crime lab technicians believe in. The presence of a specific substance in the blood does not indicate impairment at the time of a test, so having a good defence team to work with the forensic toxicologist is essential to determine the history of consumption. One of the most important parts in establishing a defense to a state case is proving that the levels of the metabolites detected are not due to impairment, but rather to remote use. A skilled representation, such as James Yeargan, can help coordinate forensic science to inspect complex drug and/or prescription-related accusations throughout the Atlanta court system and aggressively defend your reputation against overly aggressive prosecution.
