marijuana Archives - Dennis Beaver

‘I’m afraid of my wife’s business idea!’

Dennis Beaver — Sun, 28 Jul 2013 22:22:38 +0000

July 27, 2013 • By Dennis Beaver

“I have been reading your column for years in The Sentinel, and what makes You and the Law so popular is that you tell it like it is, care about the people who contact you and provide common-sense guidance. That’s why I am writing now, Dennis, because I am afraid of my wife’s business plan and need some objective direction.”

Thus began an email from — of all possible occupations — an attorney who we will simply call “Nick.” As we would soon learn, his financial success led to an addiction, but not the type which usually comes to mind.

Months of the year in dangerous countries

“As a personal injury lawyer, I earn close to $500,000 a year, and my wife finds ways of spending most of it, even giving a substantial allowance to her 40-year-old leech of a daughter. She thinks nothing of frequently dropping $10,000 on a credit card in one afternoon for things we do not need, but the really huge amounts of money are spent when — for months at a time — she travels to some of the most dangerous areas in the world.

“Name a revolution or war-torn place on the globe and she has traveled there, often. I’m talking the Congo, Yemen, Somalia, Afghanistan, Pakistan and Syria, to list just a few. She has a college degree in photojournalism and is a highly competent videographer, so her stated reason is the making of documentaries.

“But she hasn’t made a single one! Mentally no longer connected to our life in California, all I hear is how much she is needed by the people there. For so many reasons, this is deeply worrying.

“We are in our late 50s and there is no way to save for retirement if she continues spending this way, because each of these trips — which last for months — can easily cost over $100,000.

“Finally, I manned up and told her this had to end or she could pay for it some other way.”

Nick’s wife soon found “that other” way.

I’m in the marijuana business with our gardener!

“Two weeks later, she took me out to the backyard and announced that, with our gardener, she had gone into the marijuana business! There, in a somewhat covered part of the yard, she showed me rows of cannabis plants — it was a real pot grow! Then she took out her medical marijuana card, obtained from a Los Angeles doctor.

“‘See, I got the card, legally purchased the plants, and we can probably make well over $150,000 a year this way.

“‘So you don’t have to worry about financing my trips anymore. Oh, and I also spoke with a lawyer in Berkeley who told me that this is perfectly legal,’ she told me in an arrogant tone of voice.

“Dennis, she also reads and likes your column. I do not want to lose our house and my reputation because of her addiction to money.

“What is the law? Her business plan can’t possibly be legal — or can it? And please hurry, because I do not want to see a bunch of guys wearing DEA jackets yanking plants out of our yard!”

I hope his wife enjoys wearing jailhouse orange jumpsuits

You and the Law contacted San Diego attorney Michael Cindrich, who is an advocate for the responsible use of medical marijuana and viewed as one of the state’s top lawyers in this field. When we ran the facts of this case by him, his response was clear: Don’t!

“Tell the lawyer’s wife to find some other way of earning money, because this could get the couple arrested, their home seized by the DEA, and he would no doubt face disciplinary action by the state bar — possibly losing his license to practice law.

“While under federal law, it is still illegal to possess, cultivate or sell marijuana, in California, and some other states, for medical purposes, possession of relatively small amounts may be legal,” he pointed out.

“This is a highly complex, changing area of the law, and no one size-fits-all answer can be given as to how much or where you may legally possess marijuana. The law is different, depending upon which state, city and county you are in,” he said.

“Where the motive is profit — which is exactly what the lawyer’s wife has in mind — this alone makes the venture illegal,” Cindrich concluded.

To that, we add something that no one else mentioned: the risk of blackmail. That’s right, blackmail, extortion — by the gardener:

“Hey, counselor, I need a little loan, and by the way, nobody knows about what’s growing in your backyard. And you do want to keep it that way, right?”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post ‘I’m afraid of my wife’s business idea!’ appeared first on Dennis Beaver.

The quest to build a marijuana breathalyzer

Dennis Beaver — Mon, 24 Nov 2014 06:23:10 +0000

November 22, 2014 • By Dennis Beaver

Today’s story will be of interest to anyone who has wondered if there is a way to “beat” a breathalyzer. In fact, there is, and we’ll reveal it in a moment.

But first, with marijuana use becoming legal in more and more states, when law enforcement DRE’s (Drug Recognition Experts) are asked what tops their wish list, “A marijuana breathalyzer,” is an almost instant reply.

“I can easily determine a blood alcohol level with a breathalyzer, and along with the other measures of intoxication, decide if an arrest for DUI is warranted,” a Los Angeles County Deputy Sheriff, told You and the Law, adding:

“Even with our advanced training, it is far more complicated to establish that a driver is under the influence of marijuana and to convince a jury. Cops all across America can’t wait for the day that we have a marijuana breathalyzer and credible standards for how much THC (the active ingredient in marijuana) is too much.”

Saying “don’t smoke and drive” isn’t the answer

“A breathalyzer tells us how much alcohol is in a person’s system now, and we know that it declines at a predictable rate over several hours. But THC is completely different, and it is important for anyone who uses marijuana to understand that it’s not like alcohol,” explains Denver-based Barry Knott, president and CEO of Lifeloc Technologies. His company is a leading world-wide supplier of breath alcohol testers.

“THC can be measured in saliva, blood and urine, but long after the effects have worn off, and even weeks after the person has used marijuana, its metabolites can be found. Existing tests provide results which often have no correlation with how the THC is affecting the driver, if at all. Just because evidence that at some earlier time marijuana was used — medically or otherwise — is not proof of being under the influence now.

“THC is detectable in the breath, just like alcohol, and so a marijuana breathalyzer would be of real benefit to both law enforcement and users,” Knott maintains, and he’s not alone.

With a significant increase in “pot” DUI’s after legalizing recreational marijuana use in January this year, the Colorado Office of Economic Development — in a matching grant — awarded Lifeloc Technologies $250,000 towards development of the world’s first marijuana breathalyzer.

“How far are we away from hearing a police officer asking us if we have used marijuana and would it be ok to blow into this little device?” we asked Knott.

“Probably two to three years from now, that’s our estimate, but it’s coming, that’s for sure.”

Blow below a .08 and still get arrested for DUI

“When it comes to an arrest for drunk driving,” Hanford-based CHP Public Information Officer Adam Baresi points out, “while blowing a .08 will almost always result in trip to jail, an officer does not need the results of a breathalyzer to make an arrest for driving under the influence.

“The decision is based on the officer’s observations of driving, the Field Sobriety Tests — often including what we call the PAS test, which stands for Preliminary Alcohol Screening, followed by an evidentiary breathalyzer at the jail or police department.

“It is possible to have a very low blood alcohol level, and still be charged with a DUI if the officer finds the subject to be an impaired driver,” Baresi notes.

A challenge to both law enforcement and defense attorneys are “functioning alcoholics” who have developed a great tolerance to alcohol, outwardly appearing quite normal and able to pass the Field Sobriety Tests, but driving at or over the limit. Taking those drivers off the road is one of the reasons .08 or more is a separate DUI violation, and where the breathalyzer has had a significant impact on public safety.

Can a breathalyzer be fooled?

“Owning a personal breathalyzer should not be seen as a way to drink and drive,” is the clear message sent by San Francisco-based Keith Nothacker, founder and CEO of BACtrack, one of the world’s largest manufacturers of breathalyzers.

“Knowing your blood alcohol level — or that of your guests — is important and a good reason to own a personal breathalyzer. With a .00 it is safe to drive. Or, find another way home,” Nothacker points out.

Often asked if there is a way to “fool” a breathalyzer, he replies: “No. Sucking on a penny, or using breath fresheners such as mouthwash, Binaca, gum or mints — none of these work and can even make the result worse.”

But there is one way to “beat” a breathalyzer which many attorneys who specialize in DUI defense recommend: Refuse the test.

And the result? You lose your license for at least a year.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post The quest to build a marijuana breathalyzer appeared first on Dennis Beaver.