One recent trend in recreational drugs is the production and sale of Delta-8 THC — a form of cannabinol derived from hemp. As a hemp product, many states including Alabama consider it a legal form of THC due to the Farm Bill of 2019.
Its effects are similar to the illegal form of marijuana: Delta-9 THC. This makes it difficult for law enforcement to determine whether a person’s high is legal or not. Regardless, driving under any influence may risk a traffic stop.
Driving 25 under on Christmas
According to Polk Today news, law enforcement jailed a man for a drug-based DUI. Many callers complained about a driver going 30 mph in a 55 mph zone. Once stopped, officers conducted a field sobriety test where the driver admitted to eating two Delta-8 gummies a few hours before driving.
He received misdemeanor charges of DUI Drugs Less Safe and Impeding the Free Flow of Traffic.
Speaking with officers at a traffic stop
While Alabama considers Delta-8 edibles legal for recreational use, it is important to remember that admitting to its use is not a legal defense at a traffic stop. When stopped by an officer, they may expect a person’s license, registration and proof of insurance. They may explain the reason for the traffic stop. Compliance is vital to the situation going smoothly, especially if an officer decides to conduct a field sobriety test.
In any event, all drivers have the right to legal counsel before answering any questions. Knowing a driver’s rights before, during and after a traffic stop may assist in a criminal defense case.