My Denver DUI Lawyer notes a new report here in High Times Magazine, where researchers in Baltimore, Maryland and Stockholm, Sweden have made progress in the ability to accurately identify the presence of THC in breath tests conducted on both occasional and regular users of marijuana.
However, as is the case with blood tests, the results indicate that THC levels tend to be substantially higher for frequent marijuana smokers, and, for those persons, tend to test positive for longer periods of time after use.
As the above article notes, “[B]reath test technology is simply a detection test, not a per se indicator of whether subjects are “under the influence” of drugs. To date, no such data exists correlating THC/breath detection levels with behavioral impairment (such as Breathalyzer detection of alcohol at levels above .08 in blood have been correlated as valid predictors of alcohol-induced driver impairment). In fact, neither study even attempted to correlate the detection of THC in breath with actual behavioral or psychomotor impairment of any kind. “
Thus, even if a marijuana breathalyzer is developed, it is unlikely to afford much guidance in establishing either the actual degree of behavior impairment or the recency of drug use.