Companies across a variety of industries — and especially those in which workers use vehicles or heavy machinery — expressed interest in the device, Lynn said. “Under the influence signs are not necessarily proof of impairment. Use of marijuana is not a crime. You can drive with bloodshot eyes. You can drive smelling like marijuana. You can drive with an elevated pulse or slightly dilated pupils,” he said. “Under the influence signs along with clear evidence of physical and mental impairment sufficient to affect the operation of a motor vehicle are what is necessary to competently opine a person is impaired due to a particular substance.” Additionally, even the seemingly tried-and-true drug and alcohol tests haven’t been completely foolproof and some states have tossed driving-under-the-influence convictions for technology failures such as poor calibration.

It can also impact your right to drive, and subsequently your ability to get to and from work and make money. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. This new THC Breathalyzer, though still in its developmental phase, brings much hope to law enforcement and prosecutors that they will soon be able to identify those driving under the influence of marijuana and THC products. The existence of THC in the breath is considered proof enough that the person is stoned at the time of testing, according to Hound Labs.

However, for use in identifying drugged drivers, both the collection device and the analysis equipment must be small enough to be kept ready at hand. Cops trained as drug-recognition experts can use metrics like response times, dilated pupils or red eyes, and basic facts like scent or the sign of smoke to make a case that someone is stoned, or has just smoked cannabis. Critics note the technology must detect recent cannabis use and also prove that cannabis in a person’s system impaired his or her according to the u.s. federal research misconduct policy, fabrication involves: driving. A cannabis breathalyzer that does both of those things has proven elusive, because, unlike alcohol, cannabis can stay in people’s bodies long after their “high” has worn off. While cannabis legalization is rapidly spreading across the U.S., not all states have legalized or even decriminalized the drug. Such a rapid test may enable law enforcement to potentially persecute cannabis users even when they’re not directly in possession of the drug or even necessarily detrimentally impaired.

After a person blows into the handheld Hound device for two minutes, the cartridge is read in a separate bay that acts like a mini mass spectrometer, which can measure the mass and concentration of specific molecules. The Hound device is intended to capture and measure tiny particles of THC in human breath to help determine if someone consumed cannabis in the two-to-three hours prior to testing. Although the breathalyzer is a true game changer for police and public health officials alike, there may still be issues on charging and convicting an individual with a marijuana DUI. There is currently no accepted standard or quantifiable number for cannabis THC impairment. Many in the industry, as well as consumers, would like to see more states settle on a science-based cut-off limit for THC impairment.

“That’s really the key, objective data at the roadside — just like we have for alcohol.” If you have reasonable suspicion that an employee is using marijuana products while at work, you need a test that detects recent THC use. Traditional testing returns a positive result for use that may have occurred days ago. Employers have the right, and responsibility, to deny THC use in the workplace – especially if they employ safety-sensitive workers. Even if an employee carries a medical use marijuana card, employers can ban its use during work hours. It’s important to note that if your business is regulated by the DOT or any of its agencies, marijuana is not allowed – medical or otherwise.

The Hound Labs breathalyser, he says, “will pick up the people who are by far the most impaired”. Thus far it would appear Hound Labs is furthest along – it has even set up a track test at an old navy base to study the type of impairment that cannabis causes in drivers. The company has done many hundreds of tests on human subjects to ensure the breathalyser is accurate and has worked with police agencies to field test the device’s design, says Lynn. A company-funded clinical trial of the breathalyser is currently being done at the University of California, San Francisco, with results expected in a few months.