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One of the difficulties of charging a driver with driving under the influence of marijuana is the difficulty of detecting the drug easily. Without a blood test, it is hard to know exactly how impaired a smoker is when they are pulled over for suspicion of DUI. One Kal Malhi, the President of Cannabix Technologies and retired member of the Royal Canadian Mounted Police, has stepped up to solve the issue of marijuana detection by creating a prototype marijuana breathalyzer. Loosening marijuana laws, Malhi argues, means that law enforcement need new technologies such as this breathalyzer to combat a rise in drugged driving. Would a Marijuana Breathalyzer Really Reduce the Rate of Drugged Driving? Some have met the news of a marijuana breathalyzer with resistance. Because marijuana metabolites stay in the blood for such a long time, having quick access to a marijuana breathalyzer could implicate drivers who are not impaired for past drug use. Because there are so many zero tolerance and per se drugged driving laws in the United States, the breathalyzer could do more harm than good and pin criminal charges on unimpaired drivers. Picture, for example, a cancer patient who uses marijuana for its medicinal properties. Suppose he or she misses a stop sign, or makes an illegal turn and gets pulled over for it. If the police were to utilize a marijuana breathalyzer in a zero tolerance or per se state, that patient could end up in jail, despite having committed no crimes under state law. Time will tell if the idea will pan out. If you’ve been arrested for driving under the influence of marijuana, it is important to contact a skilled DUI defense attorney. DUI Matters – Denver Drugged Driving Lawyers Source: Did You Know?: Young adults aged 18 to 25 are more likely to drive after taking drugs than other age groups. (National Institute on Drug Abuse)

The Cannabix Breathalyzer: Coming to a Squad Car Near You

Addressing the issue of driving under the influence of marijuana has always been a complex challenge, primarily due to the difficulty in detecting the drug’s presence and level of impairment without a reliable test. For law enforcement and regulators, this has been an ongoing concern, especially as marijuana laws evolve and become more lenient in many parts of the United States. However, a recent development has the potential to change the landscape of marijuana impairment detection – the creation of a prototype marijuana breathalyzer by Kal Malhi, President of Cannabix Technologies and a retired member of the Royal Canadian Mounted Police.

The need for such a device has become increasingly apparent as marijuana laws have loosened and the prevalence of drugged driving has risen. Traditional field sobriety tests are often insufficient to determine marijuana impairment accurately, leading to a demand for innovative solutions like the marijuana breathalyzer. However, the introduction of this technology raises critical questions about its effectiveness and potential implications for individuals who may not be impaired while testing positive for marijuana use.

One of the primary concerns surrounding the marijuana breathalyzer is its accuracy in measuring impairment in real time. Unlike alcohol, where a breathalyzer can provide a relatively precise measurement of blood alcohol content (BAC), marijuana’s effects on an individual can vary significantly based on factors such as tolerance and frequency of use. The lingering presence of marijuana metabolites in the bloodstream long after impairment has subsided adds complexity to the issue.

Critics argue that relying solely on a marijuana breathalyzer could lead to false positives and unjust legal consequences. For instance, in states with zero tolerance or, drugged driving laws, individuals who have used marijuana days or even weeks before being pulled over could face criminal charges despite not being impaired at the time of the traffic stop. This raises ethical and legal concerns about the potential for unjust arrests and convictions.

To illustrate this point, consider the case of a cancer patient who uses marijuana for its medicinal properties. Suppose this patient were to encounter a traffic violation, such as missing a stop sign or making an illegal turn, and law enforcement administered a marijuana breathalyzer test. In that case, the results might indicate marijuana use without necessarily reflecting impairment. In a zero-tolerance or per se state, this scenario could result in the patient facing legal consequences despite complying with state laws regarding medical marijuana use.

The introduction of a marijuana breathalyzer undoubtedly has the potential to improve law enforcement’s ability to detect recent marijuana use in drivers. Still, its practical application and alignment with existing legal frameworks remain subjects of debate and scrutiny.


In conclusion, the ongoing debate surrounding marijuana breathalyzers highlights the complex intersection of evolving drug laws, technology, and individual rights. While the development of such devices represents progress in addressing the challenges of drugged driving, their use must be carefully considered within the context of state-specific laws and individual rights.

Suppose you find yourself in a situation where you have been arrested for driving under the influence of marijuana. In that case, seeking legal counsel from a skilled DUI defense attorney is crucial. At Thomas & Ahnell, LLC, we specialize in handling alcohol and drug-related driving offenses and any driving-related legal matters in Colorado. Our dedicated team of legal experts is committed to providing top-notch counsel and representation tailored to your specific circumstances.

Whether you are facing DUI charges related to marijuana or any other driving-related legal issues, do not hesitate to reach out to our firm. We are here to protect your rights, navigate the complexities of the legal system, and offer the professional support and guidance you need. Your legal well-being is our top priority, and we are dedicated to helping you achieve the best possible outcome for your case.

Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.

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