While South Carolina is not one of the states that has passed legislation to legalize the recreational use of marijuana, it does allow some legal use of the drug for medicinal purposes. Given this, it is important for people who use pot for any purpose to know about the advances being made by some in an attempt to arrest drivers for impaired operation due to pot.
As explained by NORML, a charge of marijuana possession in South Carolina may be a misdemeanor but other charges such as drug trafficking might be felonies. It is unclear what an impaired driving due to marijuana might be classified as.
USA Today reports that one company has developed a device that it says is able to detect THC in a person’s body by taking a simple breath sample. They say that the product is incredible sensitive and able to detect pot. In addition, it states that the device does not so much measure the amount of THC present but how recently the person may have smoked marijuana. It is based on this timing alone that a driver might be accused of being impaired as some say that the active time for THC is within the first couple of hours after consumption.
When faced with a potential drunk driving arrest, laws have made it clear about what determines impairment with an objective blood alcohol content measure of 0.08 percent or greater. Without this type of objectivity for alleged impairment by marijuana, it can leave drivers to wonder if their rights are being properly protected.