Some of you may have seen this, but the point of view sure is interesting.
Source"Zero Tolerance" Per Se Laws
Politicians and police have a simple, if unscientific, response to researchers' failure to define per se standards for DUID offenses: to enact "zero tolerance" per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite present in their bodily fluids.
This approach is not based on science but on convenience. In essence, "zero tolerance" per se laws define a new, driving-related offense that is, in the words of one of its chief proponents, "divorced from impairment." Under this standard, any driver who tests positive for any trace amount of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves), is guilty per se of the crime of "drugged driving," even if the defendant was sober. In the case of marijuana, these laws are particularly troublesome. THC, marijuana's main psychoactive constituent, may be detected at low levels in the blood of heavy cannabis users for 1-2 days after past use.4 Marijuana's primary metabolite THC-COOH, the most common indicator of marijuana use in workplace drug tests, is detectable in urine for days and sometimes weeks after past use5-- long after any psychoactive effects have ceased. Consequently, under "zero tolerance" per se laws, a person who smoked a joint on Monday could conceivably be arrested the following Friday and charged with "drugged driving," even though he or she is no longer impaired or intoxicated.
To date, ten states have enacted "zero tolerance" per se laws: Arizona, Georgia, Illinois, Indiana, Iowa, Michigan, Minnesota, Rhode Island, Utah, and Wisconsin. Among these, Arizona, Georgia, Illinois, Indiana, and Utah forbid drivers from operating a motor vehicle with any detectable level of a controlled substance or its metabolites in one's bodily fluids.
There is a tax imposed on cannabis in the state of Georgia. Â§ 48-15-3.gunsmoker said:Strangely, this has been applied to MARIJUANA also, on the theory that it can be somehow legally obtained in Georgia. I don't know how that is, but there's a court case that threw out a driver's "DUI-Drugs - per se" conviction because the State only showed THC in the driver's system, and did not also show impairment from it.