 How do Georgia cops know it's marijuana?
There is a fascinating article in one of the most respected British newspapers this week about how American cops routinely bust people for marijuana using outdated scientific tests. The newspaper's claim is that people are being put behind bars for substances that are not in fact marijuana.
The article is correct on many levels. And indeed, Georgia does use the test they talk most about that shows false positives in identifying marijuana. But how does this test affect your Georgia DUI case or Georgia drug charges? First you have to know how Georgia cops identify marijuana in the first place. Like nearly everything else the cops do, they follow a carefully outlined procedure that still manages to fall short of scientific accuracy.
- The officer performs a methodical visual inspection. They have training in what marijuana looks like and how it smells, etc. Of course, there are other herbs that are similar to marijuana so they then
- administer the Duquenois-Levine test. This is the test that is panned in the article, and rightly so. Developed in the 1930s (yes, an 80 year old scientific test—nothing better has been developed?) it is used to prove a substance is marijuana. However, it was discovered back in the 1960s to show false positives in many situations. If this test ids the substance as marijuana the officer then
- uses the KN reagent tests. Which is also known for false positives.
If all three screening tests are positive, the officer reports the substance as marijuana. Cops who really know what they are doing send a sample to the crime lab which uses much more reliable testing. Which is great, but you are probably still under arrest since the officer clearly thinks you've got an illegal substance on hand.
What do you do if you've been arrested for possession of sage in Georgia?
Keep your mouth shut (no one has listened to you yet, otherwise you wouldn't have been charged to begin with) and ask for a lawyer. Good Georgia DUI and drug lawyers are very familiar with these testing methods and we know just how lousy they are. But don't just call any lawyer. A lawyer who is not extremely familiar with marijuana testing methods probably won't believe you either.
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Atlanta DUI Lawyers Clark & Towne
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David Clark's book "101 Ways to Beat a Marijuana Charge in Georgia" is a comprehensive guide to getting out of a marijuana charge in Georgia. Mr. Clark, a former Judge, provides inside tips from his 22 years of experience as one of Georgia's top criminal defense lawyers defending pot smokers. All proceeds benefit Georgia NORML.
Jessica Towne's FREE book "How to Choose a Georgia DUI Lawyer" guides you through choosing an attorney. A criminal defense and trial lawyer for over 22 years, Ms. Towne shows you how to cut through the talk and find the best qualified attorney for your case.