Can I be convicted for canabis metabolites in my blood test?
In Sept. 2002, I was arrested during a traffic stop. Blood test showed a low BAC, and the following substances:
Delta-9-THC 7.9 ng/mL
11-hydroxy-THC 2.8 ng/mL
carboxy-THC 42 ng/mL
Can I be convicted, and what are my defence options?
Be advised that these charges were made before Wi. zero tollerance law was in effect.
1 Answer from Attorneys
Re: Can I be convicted for canabis metabolites in my blood test?
I assume that you are being charged with operating under the influence of an intoxicant or other drug. To convict you, the state must prove that you have a "controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog . . . which render [you]...incapable of safely driving,..... The uniform controlled substances act defines "Controlled substance analog" as "a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II and.... [has an intoxicating effect]. The presence of the metabolite is probably pretty strong evidence that you were once under the influence of its parent controlled substance, but this is a question upon which I would defer to a professional chemist. I don't doubt that the state could produce a chemist who would provide a "yes" answer to that question. However, a privately retained chemist may well disagree. You should ask your attorney these questions. Good luck!