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Accomplished Advocate
... then we can start thinking about OC/CC and medically prescribed marijuana.
That is not here yet, but maybe we should discuss OC/CC and legally prescribed medications and their impairments of judgement, e.g. Vicodin, Percocet, Oxycontin, et. al.
What does the law say about that?
What does common sense say about that?
It's possible to be "intoxicated" for legal purposes because you've taken diphenhydramine, an antihistamine. It makes some people sleepy. There really is no hard and fast definition of the term, "intoxicated"; there are a lot of cases in which the Supremes have fleshed it out with various words and phrases that all boil down to, "impaired judgment due to ingestion of a non-food substance". In my opinion, they really have presented a common sense approach to the statutes that use that word. The problem comes in the General District Court, which I compare to M*A*S*H's "meatball surgery" - the GDC is often, "meatball justice", especially in the more populous areas (if I recall correctly, Fairfax County does over a thousand contested traffic cases every day). Because they're run "efficiently" just because they don't have the resources to process the cases any other way, they turn into judgment-factories. They rely heavily on the plea-bargain system. So the result is, if the cop says you appeared to him to be intoxicated, you'd better have documentation that you have multiple sclerosis or a spinal injury in order to overcome the "deferance" that the Court gives the cop's "investigation".