Apr 182013
 

Gavel supreme court dui marijuana blood warrantIn a case that will have a deep and long-lasting impact on marijuana DUIs throughout the nation, the U.S. Supreme Court has ruled that a cop can not legally take an individuals blood in order to determine a DUI, without first obtaining a warrant. This is extremely relevant to marijuana consumers, especially as states like Washington (implemented through Initiative 502) now have a DUID clause that finds someone instantly guilty if they have a certain amount of THC in their blood – the U.S. government is working to implement this type of policy throughout the country.

Despite the Obama Administration and the State of Missouri lobbying otherwise, the court ruled 8-1 in favor of requiring a warrant. Justice Sonia Sotomayor wrote the court’s majority opinion, stating that the natural dissipation of alcohol in the blood isn’t sufficient reason to remove the legal requirement of obtaining a warrant before taking the blood. Justice Clarence Thomas was the only judge that ruled in favor of warrantless blood testing.

This ruling will set immediate precedent throughout the nation.

Source: The Joint Blog

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About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • EightyFive

    eeeek ohh the ups and downs of ir all… makes me craaayzyyyyy

  • http://www.facebook.com/JohnTheWireGuy John Padgett

    they need to figure out a road side test for impairment.
    any accident with injuries most likely will get a warrant to take blood
    but how they look at the blood is KEY
    if drinking one beer made you test positive for alcohol 30 days later many people would risk unemployment like all the cannabis users. They find dead john does and test them find MJ and say they died from MJ… it is insane.
    Unfortunately by outlawing MJ they are forcing people to use harder drugs to relieve pain and to relax.
    The harder drugs leave your system in days, that is a reduced risk of getting caught and fired.

    • incogneatow

      Doesn’t there need to be probable cause or suspicion of impairment with a death or injury accident? I only hear about blood analysis for accidents involving commercial transportation, planes, trains, busses, etc..

  • firetheliberals

    This will be tricky in washington state for DUID under I-502 since current law concerning alcohol is the implied consent rule. If you refuse the gestapo can slap you with higher penalties like losing your license for a year.

    The gestapo has bolstered itsv staff with impairment experts to try and a build their case at the scene.

    And since weed can only be detected by a blood test, this requires a warrant.

    Unless you are doing something really stupid in a car that a cop would notice, I don’t think the gestapo in wa will be able to pull any self respecting stoner headed to the Jack-in-the box at midnight over for DUID

    • mikehunt206

      I know a attorney that used it in argument today in Thurston County on a vehicular assault charge and got it tossed.

  • http://www.facebook.com/maryjane.gudenhi Mary Jane Gudenhi

    I believe, in the state of California, to get a drivers license you have to give consent for a blood test if ever suspected of DUI. However, the law does read a blood test for alcohol content. It doesn’t say anything about any other drugs so I don’t know.

    • Jetdoc

      It’s NOT gonna happen anymore. Arizona’s been doing that for about 5 yrs now. Thank God the SCOTUS overturned that. This administration has trampled our rights into the ground. It’s TIME we STAND UP and put a STOP to this intrusion

      • Melekalikimaka

        What rights, exactly, have been taken away from you?

        • Jetdoc

          Let’s start with the erosion of your rights, immediately following 9/11/01. You lost NUMEROUS rights since that day. Unreasonable Search & Seizure. That’s the one we’re TALKING about in this thread. Let’s START with that one. Ever heard of the “Patriot Act” or the “Natl. Defense of America Act? Both are UNBELIEVABLE intrusions upon our rights.

          How about our “Right to Privacy, that we SHOULDN’T be under surveillance by DRONES and the monitoring of our E-mails by the IRS! Warrantless searches of you and your property. Maybe the Doctrine of “Unitary Executive,” which elevates the Executive Branch above Congress and the Judiciary or maybe the establishment of private military contractors like the mercenaries of Blackwater. We’ve also got the “Classification” of most government records. A reversal of the idea that
          government should be transparent, but people’s lives private These things ARE happening as we speak, so you REALLY need to pull your head out of your ass and READ!

          In 2008 Obama stated that he was “…going to leave Dispensaries AND patients alone, as long as they’re abiding by State Law.” The Obama administration in 4 yrs. have ARRESTED and INCARCERATED more than double the Medical Marijuana patients and Dispensaries closed in 8 years under GWB. Even after stating that he wouldn’t!

          How long are you going to make me go on? YOU obviously know about the complete Govt. TAKEOVER of your HEALTHCARE! It’s people like YOU, who have had their heads in their asses for SO long, NOT understanding the rights that you have, and by NOT knowing you’re rights, you allow them to take away your rights and think it’s NORMAL… so I’ll just sit by and let em do it! You need to read HISTORY Melekalikimaka! HELL with that… READ the CONSTITUTION! They no longer even TEACH the “Constitution” in History classes anymore. They don’t WANT you to know what rights you have. An IGNORANT public is a politicians DREAM!

          Not me Melekalikimaka! If you don’t FIGHT for your rights, you won’t HAVE any!

  • Ninja

    The Obama Administration at it again trying to shit on our rights. What next Mr. President, gonna make it so they don’t need a warrant to search your house.

    • Melekalikimaka

      You do realize it will take an act of congress to overturn cannabis prohibition and in the meantime the administration must uphold the law of the land? Did they have a warrant when they took blood for a DUI, no, you make that choice between a roadside breathalyzer or opt for a blood test? The administration backs the existing laws, the DEA and the DOJ and the DOJ wants blood tests purely of a misunderstanding of how cannabis works (as do states that have legalized cannabis). Don’t worry, they’ll come up with the roadside saliva test for cannabis and then your rights won’t be trampled.

      • Jetdoc

        You do realize that it actually WON’T take an “act of Congress” to remove the prohibition of cannabis? We now have 19 States with Medical or Recreational marijuana laws. All we need is another 7 States (which will happen well before 2015) and we can OVERRIDE their prohibition. That’s EXACTLY how Alcohol was removed from Prohibition. The States can VOID their prohibition.

  • incogneatow

    Regardless of what the Supreme Court may decide I will always forgo my driving privileges before I allow them to take my blood.

    I can understand Clarence Thomas’s stance in that he is attempting to protect the public from people that are indifferent to public safety. But, there is a large portion of the justice system (law enforcement) that is indifferent to the constitutional rights of the republic. The abuse and misuse of laws by the justice system is enough to ensure that certain checks and balances remain in order to protect the republic from abuses by the justice system itself.

    Although I have known many people in law enforcement I have seen that they rarely serve the public. The life of a police officer is a tough one because you mainly deal with criminals and sketchy members of the community – those people by which you spend your days will eventually consume you.

    Concerning Obama’s Administration supporting warrantless blood testing: Every presidential administration is encrusted with the parasites of a darker past administration influencing those within the current positions of control. The most difficult part about being president must be deciding who (what information) to trust in a district (D.C.) full of liars, autocrats, imbeciles, and inbred aristocrats.

  • http://churchofsmoke.org/ Jose

    Clarence Thomas is a real piece of work and a disgrace to the bench.

  • http://disqus.com/notspicoli/ notSpicoli

    “This is extremely relevant to marijuana consumers, especially as states like Washington (implemented through Initiative 502) now have a DUID clause that finds someone instantly guilty if they have a certain amount of THC in their blood – the U.S. government is working to implement this type of policy throughout the country.”

    I call bologna. The author states no specific wasa that this law ruling impacts our state law and I-502. It doesn’t in our implied consent state.

    Also, the government is not trying to implement a 5 ng limit for active thc. They want a zero tolerance law that includes metabolites. Another propagandized piece of misleading opinion masquerading as “news.”