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| Tetrahydrocannabinol, is widely believed to be the most psychoactive component of marijuana resulting in its "high." This image is taken from C. HEATHER ASHTON, FRCP, Emeritus Professor of Clinical Psychopharmacology (available at: http://bjp.rcpsych.org/content/178/2/101.full) (last visited May 23, 2014). |
No. The law in Iowa on intoxication has not kept up with the
science of psychopharmacology. Under Iowa law, a jury may find that a defendant
is legally intoxicated and guilty of intoxication-related offenses like OWI
(DUI), serious injury by motor vehicle, or vehicular homicide if law
enforcement legally obtains a sample of his or her urine or blood and that
sample contains any trace marijuana
metabolites. In contrast, for alcohol, a jury must find that the defendant is “under
the influence” or that the presumptive measure of alcohol in one’s blood stream
is .08 BAC or more. No such measure exists for marijuana.
Because marijuana is metabolized differently than alcohol,
trace amounts may appear in the blood stream or urine days or even weeks after
ingestion.
Dr. Heather Ashton, Emeritus Professor of Clinical Psychopharmacology,
has written in the British Journal of Psychiatry that:
“Once absorbed, THC and other cannabinoids are rapidly
distributed to all other tissues at rates dependent on the blood flow . . . Because they are extremely lipid soluble,
cannabinoids accumulate in fatty tissues, reaching peak concentrations in 4-5
days. They are then slowly released back into other body compartments,
including the brain. Because of the sequestration in fat, the tissue
elimination half-life of THC is about 7 days, and complete elimination of a
single dose may take up to 30 days (Maykut, 1985).”
Pharmacology and effects of cannabis: a brief review C.
HEATHER ASHTON, FRCP, Emeritus Professor of Clinical Psychopharmacology (available
at: http://bjp.rcpsych.org/content/178/2/101.full)
(last visited May 23, 2014)
As to controlled substances in the State of Iowa, “any
amount” violates the statute. State v.
Comried, 693 N.W.2d 773, 775 (Iowa 2005).
The Iowa Supreme Court has opined:
“Although there is no direct legislative history, the legislature
likely included the ‘any amount’ language in the amendment to create a per se
ban. Subsection (1)(a) already prohibited driving while under the influence of
drugs. Thus, subsection (1)(c) was intended to do something more--to prohibit
people from operating motor vehicles with controlled substances in their
bodies, whether or not they are under the influence.” Comried, 693 N.W.2d at 776.
So, no, it is not okay to smoke or otherwise ingest an
illicit drug elsewhere—even if it is legal in that location—and return to Iowa
to operate a motor vehicle. It is quite possible that such a user might be
considered intoxicated even if professionals in the field of psychopharmacology
might consider them otherwise uninfluenced by the intoxicating effects of an
illicit drug.
A blog is not legal advice. No attorney-client relationship is established by reading a blog nor by sending unsolicited information to a lawyer over the Internet.
