Category Archives: Forensics

MARIJUANA: DRIVING HIGH

Sabra Botch-Jones, M.S., M.A., D-ABFT-FT, is a forensic toxicologist at Boston University School of Medicine/fTox Consulting, LLC. With the move towards decriminalization of marijuana across North America comes the issue of legal DUI tolerances with cannabis impairment. Sabra wrote this accredited, scientific article specifically for DyingWords. Thanks, Sabra!

Introduction

Several States have moved into a new era with the legalization of medical and/or recreational use of marijuana. With this shift we must stop and ask the question of “are we ready”?

With the year 2014 behind us, we have 24 states with legislation allowing the use of marijuana for certain medical conditions and two states (Colorado and Washington) having passed laws allowing its use recreationally. This is a historical shift for a substance that has had a world-wide presence since 28^th century B.C.

Safety-sensitive functions such as operating a motor vehicle require our full attention and distracted or impaired operation can be catastrophic. Driving under the influence of an impairing substance, including legal recreational (i.e alcohol) and prescription drugs, puts our lives and those around us at risk.

Therefore, let us explore the risk posed by driving “high” and what research is telling us.

What We Know

A multitude of studies exist on cannabis intoxication and its effect on the skills needed to drive safely. With this magnitude of information, the answer to our previous question “are we ready” should be yes, but is it?

We know that drug use, alone or in combination with alcohol, increases our risk of being involved in a motor vehicle accident; however, the level(s) (if any) of tetrahydrocannabinol (THC) used to determine impairment is the subject of debate.

Research shows inter-individual variation in impairment, with some individuals being dangerously impaired at very low levels. Conversely, there are individuals who showing no appreciable cognitive effects test well above the suggested levels.^1-7

This variability makes passing legislation based on compound levels extremely difficult and may lead to erroneous perceptions that driving while high is not dangerous.

Complex tasks such as driving require attentiveness, accurate perception of speed and timing as well as altertness.^1-6 These are all areas that THC can negatively effect.^1-6

In a placebo-controlled cross-over study investigating the acute effects of smoking high-potency cannabis joints on psychomotor skills related to driving, researchers found that subjects still reported experiencing a “high” or “feelings of intoxication” well past peak levels, with measured concentrations dropping below the legal level 5 ng/mL set by some states.¹

It is challenging to correlate what this level means to actual impairment due to the fact that THC levels in the blood peak quickly following inhalation and decline rapidly based on pharmacokinetics.⁶ Adding to the complexity of analytical interpretation of THC in the blood is time, with subjective effects felt as soon as after 1 to 2 inhalations.⁸

Researchers have also shown that significant impairment of tracking skills (used as an indication of accurate motor control) accompanies marijuana use.¹ Ultimately these authors concluded “that smoking cannabis significantly decreases psychomotor skills and globally alters the activity of the main brain networks involved in cognition even at low concentrations of THC in the blood.”¹

In addition to these skills, attention alone, divided attention, visual functions, and reaction time are all areas impaired when an individual drives “high”.^1-3 The impairment of each of these skills differs depending on the dose and potency of the drug. Therefore the effects of marijuana and the detrimental consequence on a particular skill varies depending on the particular function being employed.

What Should We Do?

Establishing levels of THC in which a jurisdiction considers an individual impaired is challenging. Some countries have established a zero-tolerance approach to compensate for individual-to-individual impairment. In the United States, we have created similar laws for certain drugs to account for lack of scientific knowledge and/or user variability and this may be an approach to consider.

Regardless of what approach is taken, as with all drugs (recreational or prescription) ultimately it is the individual that must be responsible for their actions.

Refrain from operating a motor vehicle when impaired and be aware that negative effects can continue well past the feeling of being “high”.

References:

Battistella, Giovanni et al. “Weed or Wheel! fMRI, Behavioural, and Toxicological Investigations of How Cannabis Smoking Affects Skills Necessary for Driving.” Ed. Lin Lu. PLoS ONE 8.1 (2013): e52545. PMC. Web. 5 Jan. 2015.
Walsh, J. Michael et al. “Drugs and Driving”. Traffic Injury Prevention. Vol. 5, Iss. 3, 2004
Sewell, R. Andrew, James Poling, and Mehmet Sofuoglu. “THE EFFECT OF CANNABIS COMPARED WITH ALCOHOL ON DRIVING.” The American journal on addictions / American Academy of Psychiatrists in Alcoholism and Addictions 18.3 (2009): 185–193. PMC. Web. 5 Jan. 2015
Moskowitz H. Marihuana and driving. Accid Anal Prev. 1985;17:323– 345.
Hall W. The Health and Psychological Consequences of Cannabis Use. Canberra: Australian Government Publication Service; 1994.
Kurzthaler I, Hummer M, Miller C, et al. Effect of cannabis use on cognitive functions and driving ability. J Clin Psychiatry. 1999;60:395– 399.
Liguori A, Gatto CP, Robinson JH. Effects of marijuana on equilibrium, psychomotor performance, and simulated driving. Behav Pharmacol. 1998;9:599–609.
Berghaus G, Scheer N, Schmidt P. Effects of Cannabis on Psychomotor Skills and Driving Performance-A Metaanalysis of Experimental Studies. Schafer Library of Drug Policy. Accessed Jan. 08, 2015

http://druglibrary.org/schaffer/misc/driving/s16p2.htm

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Sabra Botch-Jones, M.S., M.A., D-ABFT-FT of Boston University School of Medicine/fTox Consulting, LLC, is a Forensic Toxicologist and full-time faculty member at Boston University’s Biomedical Forensic Sciences graduate program. She teaches courses in Drug Chemistry, Forensic Toxicology and Instrumental Analysis in Forensic Laboratories.

She began her career with the Federal Aviation Administration’s Bioaeronautical Sciences Research Laboratory at the Civil Aerospace Medical Institute and was a Senior Forensic Toxicologist/Quality Manager at the Tarrant County Medical Examiner’s Office.

Sabra is board certified as a Diplomate by the American Board of Forensic Toxicology. She earned her Master of Science degrees in Drug Chemistry and Forensic Toxicology from the University of Florida as well as undergraduate and graduate degrees in Criminal Justice from the University of Central Oklahoma. She conducts research in the areas of forensic toxicology, analytical chemistry, as well as epidemiological studies on drug use.

Sabra has authored and co-authored 14 scientific articles. She is active in a number of professional organizations including the National Safety Council’s Alcohol, Drugs and Impairment Division (Executive Board), Society of Forensic Toxicologists, Southwestern Association of Toxicologists, Association for Women in Science (Writer-AWIS Magazine), and the American Academy of Forensic Sciences.

Sabra was recently selected to be a member of the toxicology subcommittee of the Organization for Scientific Area Committees.

Her Boston University Faculty Link is: http://www.bumc.bu.edu/gms/biomedforensic/faculty-and-staff/faculty/sabra-r-botch-jones-instructor/

fTox Consulting link is: http://ftoxconsulting.com

fTox Consulting Facebook link is: www.facebook.com/FtoxConsult

Sabra’s Twitter Handle is: @sabraruvera

FORENSIC FACTS IN THE JFK ASSASSINATION

Here’s a bit of news for DyingWords followers that I’m kinda proud to share. I’ve been invited to present at the 4^th International Conference on Forensic Research & Technology being held on September 28-30, 2015, in Atlanta. I’ll be doing a 2 hour workshop on The Forensic Facts in the JFK Assassination.

The theme of this years conference is From Evidence To Verdict . It’s a prestigious event attended by hundreds of prominent forensic scientists and tech wizards from around the world, so it’s really humbling to be recognized for my dig into the JFK murder. Here’s the abstract I submitted which outlines the presentation.

Fifty-one years after United States President John F. Kennedy was assassinated in Dallas, Texas, nearly eighty percent of Americans polled believe that Lee Harvey Oswald was involved in a conspiracy to murder JFK. A portion even think that Oswald might have been completely innocent – the ‘patsy’ which Oswald claimed to be.

The JFK evidence was never presented in a trial and Oswald’s ‘twelve peers’ were never asked to deliver a verdict because Oswald was murdered before he could stand trial. Six different government investigations have resulted in conflicting conclusions. In fact, the last probe in 1978 found a possibility that a second gunman fired, therefore there was a ‘probability’ of conspiracy.

A half century has produced many forensic breakthroughs, some of which applied to the JFK homicide give us a better understanding of what really went down in Dealey Plaza, on November 22nd, 1963, and a clearer look at Lee Harvey Oswald’s guilt or innocence.

If you were presented the factual forensic evidence, what would your verdict be?

Join retired homicide detective, forensic coroner, and firearms expert Garry Rodgers as he lays out the forensic facts in the JFK case and how modern science interprets it. Rodgers’s life-long study of the most thoroughly investigated, highest profile homicide case of all time is delivered in an easy to follow and understand look at the ballistics, acoustics, autopsy, photographic, fingerprint, document, and other forensic evidence.

Attend this two hour workshop and deliver your own verdict on who murdered America’s 35^th President.

Here’s the link to the conference website http://forensicresearch.conferenceseries.com/ There’s a cool promo-banner there.

Some additional news is that my book Lone Nuts – A No BS Guide to the JFK Assassination is with Wiley Publishing to be released as The JFK Assassination For Dummies.

BREAKTHROUGHS IN FORENSIC TECHNOLOGY

Technology has made huge breakthroughs over the past thirty-five years that I’ve been around criminal and forensic investigation (CSI). Without question, the next thirty-five are going to bring mind-blowing advances. I’ve looked into my forensic crystal ball to come up with five things I think will be real by 2050.

But first… let’s look at the top five since 1980.

1. Computers

When I started policing, the PC was unheard of.

The only computing system we had was a mammoth of a beast that filled-up many rooms at headquarters. CPIC, or the Canadian Police Information System, was in its infancy as was its American counterpart, NCIC or National Criminal Intelligence Center. Both systems are still around but, instead of having to phone to book appointments to use the system, the information now comes straight to the patrol cars or to a detective’s smart device.

Computers have affected every facet of forensic investigation.

Despite complex computerized analysis being fast and accurate, the routine is much easier. Report writing is far simpler – no more carbon paper to make multiple copies, no more white-out, and thank God for spell-check. Communications are instant with internet email and gone are the days of waiting for a report to show up in snail mail. Training is done through computerized simulation, sketching is replaced by computer-aided drawing, and administration is now done by the keyboard. Computers are what allowed the next four advances to occur.

2. AFIS – Automated Fingerprint Identification System

The science of fingerprinting has been around nearly one hundred and fifty years, but the mechanism of storage and matching prints was cumbersome. Known prints from criminals used to be rolled in ink and stored on paper and the latent prints from crime scenes were lifted in powder were stored in plastic sheets. There was no effective system to easily match the two. Today, suspect prints are digitally scanned and stored in data bases. Latent prints are still lifted in conventional manners, but they’re then scanned and put into a search engine where they can be matched right from the crime scene.

3. Photography

Today’s digital photography is a tremendous time-saver compared to the days of negative and image development. It’s instantaneous to share over the internet, even allowing an investigator to snap a digital photo in the field and email it to the other side of the world. Another facet of crime fighting is the incredible amount of mobile and stationary cameras that are out and about in society which capture movements of criminals before, during, and after events. Many crooks have gone down because they failed to realize they were on camera.

4. Education

Today’s forensic investigators are far better educated than in the 1980’s. Much of that is due to the ease of which information can be shared. Where it used to take great blocks of time and huge resources to assemble courses and conferences, many agencies now use webinars and on-line presence to create ‘virtual’ classrooms. Education and sharing information are the jewels in crime-fighting.

5. DNA

Deoxyribonucleic acid or genetic fingerprinting is probably the best crime-fighting tool ever developed. Today, thanks to the computer, the sophistication and expediency of DNA testing has led to it being commonly – and accurately – used in the majority of serious crime investigations. Many convictions have been secured on DNA evidence alone. Conversely, many innocent people have been cleared of suspicion due to elimination by DNA typing.

So that’s what happened over the past third century. Ever wonder what’s going to happen over the next third?

Well, I’m gazing into the crystal ball and predict five things.

1. Holograms

3-D technology is commonplace in movies and on TV. Many criminal prosecutions are already presented through computer-aided reconstruction to lay out the scene, bullet paths, vehicle motions, and blood-spatter patterns.

I see a day when virtual-reality holograms are imaged in the middle of the courtroom so the jurors can watch a total recreation of how the crime went down.

2. Brain-Scan Polygraphs

Conventional polygraphs have only slightly evolved in three decades and that was by the replacement of the old ink-needle charts with laptop technology. The basics of polygraphy still depends on the ability of a skilled operator to formulate key questions and then interpret the subject’s involuntary body reactions – pulse, respiration, blood pressure, galvanic skin responses, and perspiration.

I see a day when brain mapping and analysis of how a subject responds under electroencephalography (EEG) and function magnetic resonance imaging (fMRI) will replace the current polygraph. The technology is already here and research is underway towards its forensic application.

2. Laser Devices

I think lasers have phenomenal potential in forensics. Currently, laser lighting is used to amplify fingerprint and tool marking evidence. It’s also used in ballistic matching where the old electron-scanning comparison microscopes are being replaced by laser/laptop examiners like the Bullettrax 3D which makes the peaks and valleys of a ballistic engraving show up like satellite ground mapping radar images.

I see a day when forensic investigators will map out a crime scene with hand-held laser devices to perfectly record information which will be transformed into hologram reproductions.

4. Ion-Sniffers

Detection of ions through gas chromatography mass spectrometers has been around fifty plus years and is still used daily in crime labs. What’s missing are portable devices to assist in field searches of buildings, vehicles, boats, planes, and the great outdoors. Often investigators know exactly what they’re looking for – a firearm, explosives, contraband, or even a dead body – but the parameters of the search area turn it into the needle-in-a-haystack scenario.

I see a day when the ionic signature of the article(s) being searched for are dialled into the device and it zooms right into the location.

5. Satellite Tracking of Dangerous Criminals

Over the past few decades we’ve got a better handle on controlling violent and prolific offenders through DNA profile banks and ankle bracelets of parolees. We’ve also had tremendous advances in satellite technology where smart-bombs are delivered down terrorist’s chimneys and GPS aps tell you exactly where you are on the planet. We have microchips in everything from our bank cards to our pet Schnauzers and there are more cell phones in Africa than people. What we don’t know is where the dangerous .001 percent of the population are and have been.

I see a day that we’ll ditch these guy’s rights. We need to protect the 99.999 percent of the population that’s at risk. Common sense will prevail and there’ll be court orders mandating satellite tracking chips being surgically implanted into dangerous offenders.