News

A study that reviews the deaths of two young men who died unexpectedly while under the influence of marijuana concludes they died as a result of their marijuana use.  While marijuana use is not associated with overdose deaths (because marijuana receptors are not found where life support functions exist), these deaths occured from cardiac failure.  In one case, an underlying heart problem contributed and marijuana can cause arrhythmia.   

The study calls into question a long-held claim of marijuana proponents--that no one has ever died from marijuana.   The study suggests that marijuana, like all drugs, should only be used after a thorough examination by a medical doctor to determine if it is safe for the user. 

As an aside, the study also demonstrates that levels of blood THC are signifcantly lower than THC levels in the brain.  In both cases, the subjects had approximately 300% more Delta 9 THC in brain tissue than in the blood.  The subjects also had psychoactive 11-OH-THC at much higher levels in the brain than in their blood--around 350% more.  

The full study can be seen here:  Hartung_ForensicSciIntl_2014.pdf 

In answer to a formal inquiry from the Washington State Liquor Control Board, the Washington Attorney General's Office today issued an Opinion concluding that Initiative 502 does not express an intent to preempt individual jurisdictions from exercising their own authority to further control marijuana.  

The Opinion opens the door for any jurisdiction to ban or strictly limit sales, manufacturing, distribution of marijuana. 

The full Opinion is here. 

The Opinion comes on the heels of the Yakima Nation's announcement that they intend to forbid use of all 12 million acres of Yakima ceded land from any involvement in the new marijuana trade.  The Yakima Nation has filed more than 300 objections to such licensing on their lands and expects to file hundreds more.  The story is covered in this Olympian article Here 

Our state supreme court issued a new confrontation clause case that concludes the Washington constitutional protections are the same as the federal constitution-so we should follow federal analysis on the issue.  In applying the federal cases, the court concluded that expert witnesses could rely upon the data collected and work done by technicians and analysts on the case without requiring each one to appear for trial.   The opinion should help clarify that any breath test technician can appear to testify at trial without violating confrontation rights.  Likewise, the opinion may give the Toxicology lab some relief regarding who needs to appear in drug cases where multiple drugs are found. 

The full case may be found here: State v Liu.pdf 

Uruaguay became the first nation to legalize recreational marijuana this week. 

Uruaguay intends to regulate the drug by authorizing sales from only pharmacies and sell the seeds to control THC content.  The price will be set at $1 per gram, well below free-market prices--so legal marijuana should displace illegal marijuana quickly.   Legal sales will be limited to 44 grams/person/month.  To prevent "pot tourism" from erupting, only Uruguay residents will be allowed to purchase marijuana from pharmacies.   In addition to controlling sales, the legislation allows each household to grow up to 6 plants and collective gardens may contain as many as 99 plants.

For news stories, see

Hannah Hetzer

CNN; December 11, 2013

Link to story here

Uruguay Acts to Legalize Marijuana

SIMON ROMERO

New York Times; Dec 10, 2013

Link to story here

All along the I-5 corridor from Canada to Mexico, law enforcement agencies begin emphasis enforcement beginning on Wednesday November 27, 2013.   The goal is to prevent even a single death on I-5 during the Thanksgiving weekend.   To that end, Washington, Oregon, and California law enforcement are combining forces this week to keep the road safe from impaired drivers.  Spread the word!  

National collision fatalities went up 3.3% in 2012 from the 2011 totals.  However, Washington continues its remarkable trend downward by cutting 7.6% of its 2011 fatalities in 2012.  

Congratulations to the entire Washington Traffic Safety Community!  

The full report is here.  

Felony perjury charges were filed today against Dr. Joseph Citron, a Georgia Opthomoligist and attorney.   Dr. Citron specializes in eyes, but was largely engaged as an expert witness by DUI defense attorneys.  He is accused of embellishing his credentials in the area of the Standardized Field Sobriety tests to allow him to qualify as an expert witness in numerous courts.   After an FBI investigation, two felony counts and three misdemeanor courts have been filed against him in Pennsylvania--punishable by up to seven years in prison.  Additional counties are expected to file charges against him based on the FBI investigation.

The indictment is here 

An article on the story is here. 

The US Supreme Court vacated the defendant's three DUI convictions and ordered the state supreme court to consider the issue anew in light of it recent decision in Missouri v. McNeely.   The Minnesota Supreme Court agreed McNeely changes Minnesota law, but concluded a warrant was not required because the defendant consented following the implied consent advisory.  The court concluded this allowed law enforcement to lawfully obtain both blood and urine in the three cases consolidated on appeal in Minnesota v. Brooks. 

The full opinion is here: Minnesota v Brooks SC Opinion 10_2013.pdf  

Congratulations to the prosecutors of Minnesota on a job well done!   Brooks will undoubtedly seek US Supreme Court review of the opinion, so this may be the first test of implied consent laws following McNeely.  

Thursday Oct 17 & again Friday Oct. 18, 5PM PT.  Check your local listings.  

This National Geographic presentation explores the drug scene in "Junkytown", from cocaine to marijauna. 

Drivers are responsible for more than 90 percent of collisions, but we don't know exactly what happens in the moments leading up to a crash.  A new study involving 3100 cars, including many Seattle drivers, is being conducted by Virginia Tech may help answer those questions.  The Naturalistic Driving Study is being coordinated by the Strategic Highway Research Program, known as SHRP 2, which was authorized by Congress to conduct the work, and administered by the Transportation Research Board. The total SHRP 2 budget is around $70.4 million.

An article discussing the study may be found here.