North
Carolina lawmakers passed a law that allowed the use of cannabidiol
(CBD) oil to treat seizures. It's not to be considered as a
pro-marijuana stance since the law doesn't change anything regarding
illicit drugs or other forms of medicinal marijuana. What if, one
day, North Carolina joined the growing number of states that have
legalized pot for
recreational and medical use?
Of course, there would be
changes in the penal code since possession and use of marijuana would
no longer be a crime (although intent to distribute, or hoarding, may
still be illegal). In addition, as DWI also includes the use of
drugs, lawmakers will have to set a BAC equivalent. Raleigh lawyers
believe the magic number is at 5 ng (nanograms) of
tetrahydrocannabinol (THC).
This isn't a definite number
as of today. Most pot-legal states have no BAC equivalent for THC,
simply addressing any sign of impaired driving to provide probable
cause. This is a challenge for pot-legal states, especially in
defense courts. Blood tests and the like don't constitute logical
evidence since, at around two to three hours, drugs level off faster
than alcohol.
Between legal pot advocates
and the decision to legalize pot, lawmakers are caught in the middle
of a hard and even harder place. This is why states are in no rush to
join the growing community of legal pot. For now, North Carolina will
have to stick with CBD oil for seizures only.
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