Marijuana Can Be Detected in Your Blood Long after Use
If you enjoy using marijuana recreationally or use it for medicinal purposes, it is important to know that, in Texas – unlike many other states – marijuana remains illegal. Many people who imbibe do not realize that marijuana can be detected in their blood long after smoking or otherwise ingesting it. This fact can play an important role if you are accused of causing a dangerous car accident, for instance, and test positive for marijuana in your system (even if you have not felt its effects for a considerable amount of time).
Different types of tests for marijuana detect the presence of the drug in different ways, and there is no standardized test in use. Even being exposed to marijuana smoke can skew your test results. Further, any high that you might have enjoyed can be long gone before the drug becomes undetectable in your system. Never simply assume that because you have not recently imbibed in marijuana usage that your test will come back clear. Factors that can play a role in how long marijuana remains detectable include:
Your size, including your height, weight, and percentage of body fat
How much marijuana you use – and how often
The kind of test that is administered, how it is administered, and how sensitive it is
Generally speaking, a person who regularly smokes marijuana but who has laid off the drug for a decent amount of time is much more likely to test positive than someone who was simply exposed to the drug at a party or who engages in usage very infrequently (even if he or she had smoked several days prior).
Relevance to Your Case
If you are charged with reckless driving – or worse – and are tested for marijuana, the outcome of your test can be exceptionally problematic to your defense. Even if you had smoked marijuana the day before, any associated high would be long gone. The prosecution, however, can still use a positive test against you (although the positive reading had no bearing on your ability to drive safely at the time of the accident). In other words, it is complicated, and you are well-advised to have a savvy criminal defense lawyer in your corner.
Know Your Rights
If you are facing a criminal charge and the police test you for marijuana, it is important to remember that you have rights. One of these is the right to remain silent, which you should exercise. Do not try to explain yourself or why you might test positive for marijuana. The police are adept at using statements against defendants, which means that the best path forward is to tell the interviewing officer your identifying information and to notify him or her that you intend to remain silent until after you have consulted with your criminal defense lawyer.
Speak with an Experienced Killeen Criminal Defense Lawyer Today
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Killeen, Texas – is a focused criminal defense lawyer with a wealth of experience helping clients who are facing charges complicated by positive marijuana tests obtain favorable case resolutions. To learn more, please do not hesitate to contact or call us at 254-501-4040 today.