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4 minute read
FROM THE JUDGES DESK
Up in Smoke
By The Honorable Richard S. Skelton Montgomery County Common Pleas Ct richard.skelton@montcourt.oh.gov 937. 225.4368
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For those of you who find the content of this article hard to believe, trust me, this is not an April Fool. While I know it may be difficult for many of my colleagues to believe, I did not spend most of my youth in Church. And unlike a certain former President, I DID HAVE FRIENDS WHO INHALED. Shocking, I know.
I have previously opined that the criminalization of drugs has failed our society. We spend an unbelievable amount of money on programs and efforts that we have no clue as to their success. No statistical/empirical studies. One would think that a person of my inkling would suggest that we simply forget any enforcement/concern about marijuana use/ abuse. In fact, I still support legalization and I do not support criminalization of marijuana. I report to you, however, that I now believe we need to take steps to understand the current state of marijuana. Let me explain:
In the 60’s/70’s/80’s good pot still had a relatively low THC content and was a relatively minor drug buzz for those who chose to smoke. I suggest in this article that the pot of that era is not the pot of the 21st Century. While I can no longer personally attest to the potency of the local ganja, I know many people who still smoke pot and have some former clients who have informed me regarding the strength of today’s pot. It is simply, I am told, a whole new ball game. Just the other day a long time friend told me he took one hit from today’s super pot, and was basically too high to effectively function for three straight hours!!
I am not aware of any conclusive studies that have accurately measured perception reaction times for those under the influence of a certain level of marijuana. In fact, there is no reliable method by which we can tell if a person is “under the influence”. We can tell if marijuana shows in a urine sample but without sophisticated lab work we cannot quantify or, more importantly, tell whether the person is under the influence at the time of the test.
In my former life, I litigated a marijuana OVI charge. The experts I retained opined that there is no method by which the government or anyone else can accurately state that a person is “under the influence”. Yes, they can quantify an amount of THC in the body but have no idea when it was ingested. THC is stored in fat cells for as much as 30 days or longer. Simply illustrated, a person can smoke strong marijuana on Monday and still test over the so-called legal limit on Friday even if he had consumed zero pot from Monday to Friday. A person who did not smoke pot for several days would not be “under the influence”.
As stated, I write this article not to suggest a recriminalization of marijuana as I remain convinced that it has many valid and effective medicinal attributes. I write this article to stimulate discussion regarding the testing of marijuana so that we can know how to address persons with problems with high potency pot. I welcome any discussion/comment/ advice regarding this pot issue.
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R.L. EMMONS AND ASSOCIATES, INC.
842–A E. Franklin Street Dayton, Ohio 45459
Professional Investigative and Legal Support Services Firm
Polygraph Asset Searches Criminal Defense Process Service Witness Locates / Interviews Surveillance Civil Case Prep General Investigation
DISCLAIMER: The views expressed are those of the author and the article is not intended to express the views of the Dayton Bar Association, nor as support or endorsement of the viewpoints and opinions expressed in the article. DAYTON: 937 / 438–0500 Fax: 937 / 438–0577
HErBErt M. EIKEnBary
Trust
WHat Is tHE EIKEnBary trust?
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The late Herbert M. Eikenbary granted the bulk of his estate to fund Grants and Loans to lawyers under the age of 35 who practice/reside in Montgomery County. These Grants and Loans are to aid young, deserving lawyers who are in need of financial assistance.
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Individual loans, are available up to $6,000 at 4% interest,
while grants up to $4,000 are also available.
to aPPLy: Jennifer Otchy, DBA Chief Executive Officer
Dayton Bar Association | 109 N. Main St., Suite 600 | Dayton, OH 45402-1129 jotchy@daybar.org | 937.222.7902 | www.daybar.org
upcoming Chancery Club Luncheons
The Last Luncheon Until Fall 2021!
Over the past year, the Public & Member Services Section of the DBA has worked tirelessly to bring you awesome virtual Chancery Club events, speakers & content.
Grab lunch from your kitchen, or take a moment in your office to network and catch up with one another at the final Chancery Event of the 2020-2021 Season!
vIsT The dBa weBsITe for deTaIls reGardInG The may ChanCery evenT
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