New Mexico Supreme Court Case Hearing Addresses Cannabis Impairment

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Summary

During the most recent supreme court case, Luna’s public defender argued that the field sobriety test she received should not be admitted as evidence because it does not properly measure cannabis impairment. Verifying cannabis impairment is no simple task. On May 16, the New Mexico Supreme Court oversaw arguments on the topic of roadside cannabis testing. In December 2022, the Supreme Court agreed to hear the case, which led to the events of the most recent hearing on May 16. Although Luna stated that she had smoked “a bowl” hours before driving, the officer conducted a field sobriety test, which is designed to determine alcohol impairment.

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On May 16, the New Mexico Supreme Court oversaw arguments on the topic of roadside cannabis testing. According to Santa Fe New Mexican, Nina Luna was pulled over by a law enforcement officer in Albuquerque in 2018. The officer described in his report that Luna had red, watery eyes and slurred speech, and smelled cannabis odor coming from inside her vehicle.

Although Luna stated that she had smoked “a bowl” hours before driving, the officer conducted a field sobriety test, which is designed to determine alcohol impairment. After...

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