During DRE certification training, officers are taught there are two important metabolites of THC, Hydroxy THC and Carboxy THC.
According to the DRE training curriculum, Hydroxy THC causes impairment and euphoria and is usually eliminated from blood plasma within six hours. Carboxy THC is NOT psychoactive and may be found in the blood plasma for several days following marijuana use (2018 revision, session 21, page 20).
Why is this significant? I have been engaged as an expert to review/analyze several DRE cases where the blood results came back positive for Carboxy THC only. In the cases where the attorney’s client was also able to afford to have me testify, I was able to explain during my direct that Carboxy THC is not psychoactive. But what about the times the attorney’s client could only afford for me to do the initial review of the DRE case file and could not afford for me to testify? I recommended to the attorneys to have the DRE agree during cross that their own training curriculum states Carboxy THC is not psychoactive. Surprisingly enough, the DREs have agreed every time.
Do not be caught in court with less knowledge than the officer, even when it comes to the 1,027-page DRE student manual.