re: #365 BishopX

The two people involved in this case were in a parked car with the windows rolled down when the police smelled smoke.

Gotcha. In thinking about it more, it seems that it could not be proven if the driver was smoking and under the influence while driving. Unlike alcohol which shows up in the breath/blood only for a short time and clearly demonstrating that one is probably impaired, marijuana stays in the system for weeks. Impairment at the time of driving really couldn’t be ever proven, could it?