If suspected of Driving Under the Influence of alcohol, a reading above 0.05 of driver’s blood, it is punishable by Kentucky laws. However, if the substance involved is marijuana, there is no level above which the offender can be presumed to have been driving under the influence. Studies emerged that demonstrated that blood tests could reveal residual THC in bodies of chronic abusers up to several days after their last dosage. Therefore, even if one registered higher than five nanograms per millilitre 24 hours after their last dose the prosecution may fail to secure a conviction for DUI under Kentucky, Scott County law.
Daily users of marijuana, unlike occasional users would register high levels of THC weeks into the last smoke. Therefore the complicated nature and biology of THC make DUI cases very tricky. Blood tests across the US are not taken until 1.5 to 4 hours after arrest. By the time a blood test is taken, THC levels would have fallen significantly. Therefore, one is likely to pass the blood test and not get a DUI conviction despite having been impaired at the time of arrest. Heavy users in other states such as Washington may not escape DUI despite having had the last smoke weeks ago. The keyword in any DUI prosecution is ‘impaired.’ Therefore, if a Kentucky prosecutor is unable to prove that a suspect was ‘impaired’ by high concentrations of THC 24 hours or more after the last dosage, the suspect is likely to walk free.
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Kentucky, Scott County law despite being one of the zero-tolerance State is advised by the fact that there is a difference between active THC and 11-Carboxy-THC. This means that while active THC may peak 4-6 hours after smoking, 11-Carboxy-THC, which can be detected in the body for up to 3 weeks after the last dosage is a derivative of marijuana, which technically means it is not classified as Schedule 1 Controlled substance in Kentucky. Consequently, a person whose blood is found to contain 11-Carboxy-THC may not be convicted of DUI. This is to say that while it is illegal to drive under influence of active THC, it is not illegal to do so with 11-Carboxy-THC.
