Bill proposed new testing tool for police on drug stops

Bill proposed new testing tool for police on drug stops

Episode Transcript

Speaker 1 (00:00):
There's a judge, and this was part of what I
was just saying a little bit ago.

Speaker 2 (00:06):
That if you own a gun, that.

Speaker 1 (00:08):
You might be interested in something like this, simply because
it is a hell yeah uh basically kind of response.
And it's a judge out of New Jersey saying the
AR fifteen ban is unconstitutional.

Speaker 2 (00:21):
My god, A judge in New Jersey said.

Speaker 1 (00:24):
That federal judge says New Jersey's ban on AR fifteen
style rifles unconstitutional. A district judge, Peter Sheridan said he
was bound to follow quote unquote the US Supreme Court's
decision on the matter. Sheridan did rule that New Jersey's
restriction on magazines with a capacity greater than ten rounds

(00:46):
was lawful. So it's interesting that, and again this is Jersey.
Clearly it doesn't affect us here. But I always follow
these kinds of ruling simply being a gun owner.

Speaker 3 (01:00):
Sure, I mean, because you also don't want that insanity
to start trickling our way.

Speaker 1 (01:04):
And quite frankly, if it shut out the state of
New Jersey, to your point, you would think it easily
get shut out the state of Ohio.

Speaker 2 (01:12):
You know, kind of a thing.

Speaker 3 (01:14):
Yeah, I was just gonna say, I can't imagine a
scenario where.

Speaker 2 (01:21):
We would do that here.

Speaker 3 (01:22):
Although if you remember, you know Mike Dwine, he did sign.

Speaker 2 (01:29):
He did sign some good.

Speaker 3 (01:30):
Legislation, and I'll give him, I got to give credit
for credits due he signed some good stuff into law.
But you know, I think that was more about here
in Ohio, man, there's too many, too many gun owners.
You can't be pissing people off in this state.

Speaker 2 (01:50):
We're not.

Speaker 3 (01:51):
This is Ohio, man, this is the heart of it all.
We're not like we're not in those you know, Jersey
Shore types. You have to you have to, you have
to have the guns.

Speaker 1 (02:01):
There's a ban on bugles for Halloween because you're not
allowed to use those on.

Speaker 2 (02:05):
Your put them on your fingers and you can look
like a witch.

Speaker 1 (02:10):
Yeah, I don't know, Governor, you probably should think about
banning though people could get hurt.

Speaker 2 (02:15):
Bugles save lives, sure, in a state of Ohio.

Speaker 1 (02:18):
So say you're trigg or treating and you have those
on and you're going, well, I don't really want to
eat sugar, and you start maybe really you're really hungry.

Speaker 2 (02:26):
You can actually eat your fingertips.

Speaker 3 (02:28):
Oh, I won't be hungry because I'm going bobbing for
apples before.

Speaker 1 (02:34):
Do you have a particular type of apple you like
the bob for governor?

Speaker 2 (02:38):
I mean there are so many cosmic crisps. Fan of
the honey crisp. Oh, okay, those aren't as good as
a pie. Baby.

Speaker 3 (02:47):
No, Actually, in all sincerity, hunting crisp would be terrible
in a pie.

Speaker 2 (02:51):
Isn't it funny? They taste like a pie in and
of themselves.

Speaker 3 (02:55):
You got to use like you gotta use some tartar
apples for pie. You have to use a tartar apple
like a Granny Smith. Anything apple pie related A two
one W T B M.

Speaker 2 (03:09):
So you call those call letters.

Speaker 4 (03:10):
You know.

Speaker 1 (03:10):
The hardest part of that? You ever been involved in
or made a pie yourself? Like, in all seriousness, you ever, Yeah,
you've been involved in the making of a pie. Because
I'm telling you, the crust is the hardest part of that.

Speaker 2 (03:24):
No kid in the crust is the hardest part.

Speaker 3 (03:25):
That's why my wife cheats every every year for just
buys one Thanksgiving. She buys an artificial crust and then
does her does her pies.

Speaker 2 (03:35):
Yeah.

Speaker 3 (03:36):
Now, my mother in law she does everything by scrap,
so does Jenny when she makes them, she doesn't mess
with that much.

Speaker 1 (03:43):
But when she did when we had the Governor and
first Lady in uh to test drive because it was
from France cookbook. She made it from scratch, the actual
and I was like watching the whole thing going.

Speaker 2 (03:54):
Someone stick a pencil in my eye. It was it
was grueling.

Speaker 3 (04:00):
If you make the apple pie and then the butter's
wife made the strawberry pie, I think that's right.

Speaker 2 (04:06):
I can't remember.

Speaker 3 (04:06):
I just remember it. I remember it fantastic. The pie
was was damn good. Yeah, yeah, it was. It was
really good.

Speaker 1 (04:13):
That crust was completely from scratch and it was there.

Speaker 2 (04:17):
Was a lot munch on French pad. Yes, no question.

Speaker 1 (04:21):
You've got to use like little pieces of butter that
you put in that they have to be chilled.

Speaker 2 (04:26):
They can't be like room to It can't be sold.

Speaker 3 (04:29):
Dude, did you ever watch have you ever seen on
PBS and this is just this what a dork?

Speaker 2 (04:33):
I am?

Speaker 1 (04:34):
Uh?

Speaker 3 (04:35):
Like the old the English the English Baking Cookoff show. Yes, okay,
you know what I'm talking about, where they have they
give them all these traditional English desserts and they have to.

Speaker 2 (04:45):
I don't like those, but dessert.

Speaker 3 (04:47):
People have to. Like bakers. Yes, people who bake. It's seriously,
they treat it as their art form. Yes, like if
you're a confectioner or a baker or anything like that.

Speaker 2 (05:00):
No, no, no, no, no, Now there's a process. It's like you don't
just you know. There are a lot of really good
cooks like that. I know they're good cooks.

Speaker 1 (05:09):
They make amazing savory dishes, castle rolls, all of those things.
They don't mess with baking. They're like, baking is not
I don't want to mess with that. They're like, it's
too you have to because with depending on what they're making,
which is a lot of the stuff they make some
of this, some of that, some of the you can't
do that with baking.

Speaker 2 (05:28):
You will screw up whatever.

Speaker 1 (05:30):
If it says a teaspoon of sugar, it better be
a level teaspoon. If it says a heaping teeth, it
better be a heaping. You can screw that up so badly.

Speaker 3 (05:41):
I had no idea, dude, Just just a pinch less
of salt or pinch too much of salt, and it's
all done.

Speaker 2 (05:47):
It's ruined. Isn't that crazy? How exact that has to be?

Speaker 3 (05:50):
Yeah, you're right, it takes a lot to be bakers
and then like confectioners and dessert makers, those people are insane.
We had a girl here in sales, I believe her
name was Emily. She used to bring in homemade cheesecake. Well,
we practically get in fist fights out in the kitchen
about who was getting you make sure you get a
piece right, right, because it was the best cheesecake I

(06:13):
had ever had. Well, guess what she does. She no
longer works for. I heard she opened up her own
business in town. I believe she goes by the cheesecake lady.

Speaker 2 (06:20):
Ah, I knew you were going in that direction with this,
and dude, she's damn good at it. She is amazing.
It really is.

Speaker 3 (06:28):
Those cups she makes with like it's got the it's
got the pie crust.

Speaker 2 (06:33):
Like, but it's a couple of bites.

Speaker 3 (06:34):
It's just a couple of bites, right, But the cups, well, no,
the cups are probably maybe, I don't know, six seven bites. Oh.

Speaker 2 (06:42):
So it's about like a piece of pie, only it's transportable.

Speaker 3 (06:45):
Yes, it's a transit's it's a it's a unique way
of a slice. It's basically a slice of cheesecake a cup,
but it's layered. It's like crust filling, crust filling. Oh yeah,
crust filling, and dude, I just I mean, it's over
that now. I haven't had it pre since Awaken one eighty,
but I'm pretty sure I would need a Waken three

(07:08):
hundred and seventy five thousand, eight hundred and twelve if
I just started eating the cheesecake Lady again.

Speaker 2 (07:14):
Over But listen right, it's it's fabulous.

Speaker 3 (07:17):
But isn't that?

Speaker 2 (07:17):
Isn't that weird? Everybody your whole life.

Speaker 3 (07:20):
Tells you, God, you are so good you could open
your own and then you do it, and now you're
kicking ass and taking dance.

Speaker 1 (07:26):
My mom heard that, I'm telling you, I heard. If
I heard one person say that, I heard a thousand
to her as I was growing up.

Speaker 2 (07:32):
So I didn't help that.

Speaker 4 (07:33):
She just never did.

Speaker 1 (07:34):
They were talking about, you know, Sandy's, and that's my
mom's name, open up just a diner, Sandy's whatever. Because
of all the stuff that from stuffed you know, the
stuffed peppers. It's gonna say, what does your mom's sing?
Just your dishes like all kinds of stuff like that,
And she's a great baker too.

Speaker 2 (07:50):
She can bake.

Speaker 4 (07:51):
She man.

Speaker 2 (07:52):
Everything she really messes with is.

Speaker 3 (07:54):
Just I've had some Mama Blazer desserts before and they're
they're stupid good.

Speaker 1 (07:59):
It's really stupid, really good. And she never got into it.
She never did it, I feel like. But the thing is,
think about somebody who's going to open a full blown restaurant.
You can really tread water and it can be very
pro stuff.

Speaker 2 (08:12):
Then go out of business. It's brutal. It's brutal.

Speaker 1 (08:14):
That's why they got a franchise Da Da Da Da Da.
Or it's just really tough to make it.

Speaker 3 (08:19):
Have you seen the Third World and dystopian hellscape nightmare
that is sawmill on hard Road now that they're putting
in the sheets.

Speaker 2 (08:27):
No, it's bad, it's rough, man, it's rough up there.

Speaker 1 (08:32):
So switching gears here to House Bill two thirty. If
you'll remember right last June June twenty twenty three, it
made it started to make its way through committee, passed
in the House seventy nine to thirteen just in April.
So it was introduced House Built two thirty in June
of twenty twenty three. Now the bill includes a lot

(08:54):
of measures adding or deep or increasing penalties for human
and drug traas of the game, focusing on meth and fentanyl.

Speaker 2 (09:03):
So you got okay, that bill checks out pretty good. Yeah.

Speaker 1 (09:07):
So before it passed, though, it picked up an amendment
that would add a tool for police investigating possible impaired driving.
This addition would give law enforcement officers the ability to
conduct oral fluid tests on drivers suspected of being under
the influence of quote alcohol, drugs of abuse, or a

(09:29):
combination of them. Unquote. Cannabis does fall under drugs of abuse.
So while the law enforcement are going to benefit from
the use of this oral fluid test with recreational marijuana
being legalized, its inclusion in this bill was not solely
there saying as a response to the passing of issue too,

(09:51):
yes it is. You are stupid if you buy what
they are telling you there. It's total kowinkidink that they're
that they've amended this bill that started last April, and
then as we know, issue to legalizing wreck weed. And
then they're just and they're going, look, it's not solely

(10:12):
a response to yes it is, Yes it is, and
then they start they reference Canada in this whole situation.

Speaker 2 (10:19):
They worked.

Speaker 1 (10:20):
There was a gal that worked at licensing from this
group Regulated Substance Specialist law group.

Speaker 2 (10:27):
They saw a similar roll.

Speaker 1 (10:28):
Out of oral fluid test in Canada after that country
legalized marijuana.

Speaker 2 (10:34):
Up there, Listen to this.

Speaker 1 (10:37):
This is the quote from the UH one of the
attorney there who works for licensing. It's canacor group. She goes,
I know in Ontario they're using these types of breathalyzers
to determine if drivers are under the influence of cannabis.
Some of the downfalls of this, they're not completely exact yet.
It's just a yes pass fail as to whether you

(11:00):
you have cannabis in your system or not. It's not
about how much cannabis. See, that's like how we would
see the blood alcohol context. See that's disastrous.

Speaker 3 (11:09):
You smoke, you smoke, You smoke a perfectly legal joint
in your house that stays in your system on Friday
night and Monday, you get pulled over and then you're
speeding on the way to work because you're ready well,
I don't know, just whatever, and then they want to
run this test on you. No, that's bs man, because
guess what if you're in that scenario, you just painted

(11:30):
and you do get pulled over and it's for speeding
or whatever.

Speaker 2 (11:33):
You weren't swerving, You're that you're going Jimmy Christmas. I
hope that they don't go have you.

Speaker 1 (11:37):
Had any because it's just like that could almost be
like piling on if you will.

Speaker 3 (11:44):
I know, the argument be well, if you're not impaired
at the time, you won't present any signs that don't
But the fact you can't distingue. What if I had
two glasses of wine with dinner. Cop smells it all
my breath. You go, I'm gonna take it from Yeah,
and now they're gonna doubleware me you because you got

(12:05):
smoke to join three days ago.

Speaker 2 (12:07):
That makes no sense.

Speaker 1 (12:09):
Thirty three states thirty three states here in the Union
have also authorized their law enforcement to conduct a oral
fluid test on drivers. Local agencies like the Highway Patrol
are willing to use them right now. They support a
house built two thirty the The Highway Patrol has been
working on oral fluid testing methodology for several years as

(12:32):
drug impairment has outpaced alcohol impairment in Ohio fatal crashes
Since are You Ready twenty nineteen, so for five years
coming up on five years now that the drug.

Speaker 2 (12:46):
Impairment has outpaced alcohol impairment.

Speaker 3 (12:51):
I I listen with the rise of nobody wants a
fentanyl person who's half conscious behind the wheel of a car.
That's what we're saying. And quite frankly, you shouldn't be
getting I don't care. You know, if it's just weed,
you shouldn't be smoking weed and getting behind the wheel
of a car. If you're still actively high. It impairs

(13:11):
your judgment, It just does. It slows you down a
little bit, right right. I'm not arguing I think it
should be completely legal to smoke and do.

Speaker 2 (13:18):
Drugs and drive. Nor are you preaching here either.

Speaker 3 (13:21):
No, But what I'm saying is I'm bothered by the
fact that I feel like somebody could get caught up
in this undeservedly, who isn't on hard drugs, who just
uses legal, legal recreational.

Speaker 2 (13:36):
Marijuana Ohio at home on their own terms.

Speaker 3 (13:40):
Something happens, you go out, you have a couple of
beers or whatever after work, Cops like I do smell
the beer. I'm gonna have to, you know, yeah, and
then you get then you get these charges that could
alter your life, get you fired.

Speaker 2 (13:53):
I have a big problem with that. Hey, Dave, welcome
to the show.

Speaker 4 (13:58):
Hey, my daughter's boyfriend just went through this. He got
pulled over and they accused him of b UI because
of marijuana. And so you went in and uh, they
took blood and all that stuff, and I asked him
later on, I said, well, what strong blood? I don't understand.

(14:21):
They said that the lawyer explained to them that when
they draw the blood there's active THC and inactive and
they can differentiate between the two. I don't know if
this fluid test would be the same way or not.
I'm not sure. They end up coming Yeah, they ended
up coming back, and this was in Colorado, and they

(14:42):
came back and said, no, he was not under the
influence and his system was from active three days ago.

Speaker 1 (14:49):
Inactive if you will, if in fact they can differentiate,
because I have not. That's the first I've heard of this, Dave,
That to me would be foolproof. However, what defines active?
Is it a time frame?

Speaker 2 (15:02):
You know what I mean?

Speaker 4 (15:02):
Like, yeah, yeah, I don't know. That's just that's what
the lawyer told them. And when it came back, they said, yeah, what,
I guess it's gotta be within you know, so many hours.

Speaker 3 (15:14):
Right, So I wonder if the oral swab will the
fluid test the fluid test. I wonder if if law
enforcement would use that as a means to go, Okay,
now I've got sufficient evidence to ask a judge to
you know, because if you refuse the blood test, they
can go to a judge and a judge can sign
something and get you to.

Speaker 1 (15:32):
Well, it's interesting you say that because Michigan's pilot program
concluded oral fluid testing was accurate for purposes of preliminary
roadside testing.

Speaker 2 (15:44):
So to your point, it's interesting that's that's listed in
this article.

Speaker 3 (15:48):
Then it's like, okay, from there, I'm detecting cannabis. You're
gonna have to go get some blood drawn. I gotta
figure out whether you're actively high or passively. And then
right then they're probably gonna say to you, when did
you smoke last? And you go, it's been seven hours,
six hours whatever, And so I don't know if is
that enough time. I mean, they're gonna probably get a

(16:08):
statement or some sort of verbal from you right then
to use that as a baseline, you know what I mean.
I don't know, Or you can just be completely quiet
and not say anything, and just like, because you're afraid
you don't know, and I'm gonna lawyer.

Speaker 4 (16:23):
Yeah, and again you can have no clue, right, you
can just have any idea. And he's young, and she
came down on him pretty hard. And when they said, well,
we want to take a blood test, he was like
sure he did. He didn't have any idea.

Speaker 2 (16:38):
Interesting, he didn't know.

Speaker 4 (16:39):
Yeah, so I learned a lot, Like in the last month.
All of a sudden, I was like, where, I've never
heard of that, and he goes, yeah, he goes, I
got off because there was nothing in my system that
was active.

Speaker 2 (16:49):
Wow, that's Dave. Thank you very much. I appreciate that.
You can. You can remain silent.

Speaker 3 (16:54):
You do not have to you you can refuse the
roadside field sobriety test just like.

Speaker 2 (16:59):
Yeah, just like alcohol.

Speaker 3 (17:00):
If you can refuse anything like that, Just be prepared.
You're gonna take a ride.

Speaker 2 (17:03):
Yeah, you're probably getting the rest. Keep your mouth shut
and let it. Let the lawyer sort it out. Driving
weather together for