07/20/18

The Great Breathalyzer Race

© Oleg Vydyborets | 123rf.com

Parallel to the growing approval of medical and recreational marijuana in states across the country, there is a technological race to bring the first marijuana breathalyzer to market. As of the beginning of June 2018, that hasn’t happened yet, but there seem to be two companies in the lead, Cannabix Technologies and Hound Labs. Hound Labs has already field tested its breathalyzer with law enforcement and completed a high-speed track test in June of 2017. Entrepreneur noted Hound Labs was testing their third and potentially final version when the Entrepreneur story was published online on December 28, 2017.  The company hopes to have it on the market by the fourth quarter of 2020, at a projected cost between $500 and $1,000 per unit. Watch a YouTube video of the Hound Labs driving test here.

One of the biggest stumbling blocks is the lack of a standardized procedure to determine whether someone in driving under the influence of cannabis and how that translates into driving impairment. “Per se” laws seek to measure what level of marijuana is in a driver’s system. “But the trouble with per se laws is that the levels detected in blood or saliva may not necessarily detect impairment; they simply note THC’s presence in the body.” As RollingStone pointed out online, “the science is complicated.”

Science Direct noted how quickly THC leaves the bloodstream. Research done by Marilyn Huestis, the former chief of chemistry and drug metabolism at NIDA’s Intramural Research Program, found that while an occasional user was impaired for 6 to 8 hours, blood THC concentrations could be zero after 2.5 hours. Her research showed that 30 minutes after a driving test, THC levels in subjects was 74% lower than it was after the driving test and 90% lowers at 1.4 hours. Since it takes on average between 1.4 to 4 hours after a crash or traffic stop to administer a blood test,  “If someone is driving impaired, by the time you get their blood sample, you’ve lost 90% or more of the drug. So, we have to change what we do at the roadside.”

Huestis and most researchers don’t support a legal driving limit for cannabis, as there is for blood alcohol concentrations. RollingStone said policy makers have pressed her for a (blood or saliva) content level that clearly identified someone as impaired. But she said: “Now that we have done so much research on chronic, frequent cannabis users, I tell them, there is no one number that will clearly distinguish between impaired and non-impaired people.” She advocates for well-trained officers who can identify the behavioral signs of impairment and the development of minimally invasive biological marker tests performed at the roadside to confirm the presence of a cannabinoid. She said that whenever a company has something to bring to market, scientists will want proof of the device’s efficacy; that there aren’t false positives or false negatives:

Tell me when you can first start detecting it in breath, tell me when you last detect it in breath. What’s the detection window? How are you confirming? We have a lot of questions [but] we’re ready and we’re excited. And if it works I think it’s going to be a great tool.

A breathalyzer designed to detect THC has to be very sensitive. “In breath, researchers found that they could measure THC in picograms (parts per trillion) – that’s 1,000 times smaller than the nanograms measured in fluids.” A raisin weighs about a gram. Cut that up into a trillion pieces, and you have an approximation of the size of these particles. Another factor is vapor characterization and trace vapor detection. Since THC has a lower vapor pressure than ethanol, “That means it’s much more challenging to detect in breath than alcohol.”

Marilyn Huestis and Michael Smith recently published an article in the journal Trends in Molecular Medicine, “Cannabinoid Markers in Biological Fluids and Tissues: Revealing Intake.” Highlights from their article included their observation that analysis of minor blood cannabinoids will become an essential step to identify recent cannabis intake. In order to identify recent cannabis use for driving under the influence and accident investigations, improved behavioral markers of cannabis intake are needed.

Recent controlled cannabinoid administration studies enable the development of models and markers to better identify patterns of intake and exposure. Future challenges include developing behavioral markers of cannabis impairment, bringing to market breathalyzers for cannabinoid detection, and identifying markers of recent cannabis intake in diverse biological matrices. We posit that biological monitoring of cannabinoids and metabolites will improve the characterization of cannabis and synthetic cannabinoid intake history.

Huestis and Smith are the co-owners of a consulting company, Huestis & Smith Toxicology LLC, which is working with Cannabix Technologies. Huestis also sits on the scientific advisory board for Cannabix Technologies. The company recently announced its preparation for expanded field tests of the Beta 3.0 prototype of the Cannabix Marijuana Breathalyzer. See their website for a promotional video of their device.

R&D for marijuana breathalyzers has been in the works for several years. Lifeloc Technologies was developing one in 2014 and hoped to have a prototype by late 2015, but there has been no news on progress since then. Lifeloc’s First Quarter 2018 Report noted the company continues to work on developing a THC breathalyzer. “The ability of our technology to detect very low quantities of THC has been demonstrated in our laboratories, but more work is needed to build a practical, portable device.” Cannabix Technologies was working on their breathalyzer as far back as 2014. Hound Labs is a relative newcomer, as the company was only founded in 2014. But it seems to have forged ahead in the race to bring their breathalyzer to market first as it received an $8.1 million investment from Benchmark Capital.

03/9/15

Warning All Bakehead Drivers

© Karen Roach | 123RF.com
© Karen Roach | 123RF.com

“Our society is changing our views on marijuana, it’s becoming legalized in many states… young people have no fear of driving after smoking.” (Kal Mahli)

As I write this article, 23 states and the District of Columbia have laws legalizing marijuana in some form. Four states (Colorado, Washington, Alaska and Oregon) plus the District of Columbia have legalized recreational marijuana, the rest have passed medical marijuana laws for limited use of cannabis. Here is a map showing which states have legalized marijuana for medical and recreational purposes.

There’s been a prediction that the 2016 election year could be a “break-out” year for several states legalizing recreational marijuana. Phillip Smith of AlterNet suggested that seven states are likely candidates for that to happen: California, Nevada, Arizona, Maine, Massachusetts, Vermont, and Missouri. This growing legalization movement is also spurring on the development of the pot breathalyzer.

A company called Cannabix Technologies has received some recent media attention on its cutting-edge drug-impairment recognition system: the Cannabix Marijuana Breathalyzer. It is a patent pending device that will detect if an individual has used THC in last two hours. The device is currently in prototype development, and the company said in a February 2 news release that it hopes the prototype will be complete “in the coming weeks.” You can watch a video promo of the product here on YouTube.

The President and Director of Cannabix is Kal Malhi, a former member of the Royal Canadian Mounted Police (RCMP). He worked in the marijuana enforcement division for four of his ten years with the RCMP. Dr. Raj Attariwala, a Vancouver radiologist and nuclear medicine physician, is the Lead Engineer of the company. Malhi got the idea for the Cannabix breathalyzer while doing some reading while on a family trip to India. At an airport, he read about a Swedish study that used breath testing technology developed at Kerolinska University. The Swedish study showed how breath samples could be collected and sent to a lab for testing.

Malhi said the device functions like a blood glucose meter. “The breath sample is collected in one component and then is fed into a second part of the device, which tests the sample and gives an immediate result.” He said it could also be used in workplaces to carry out drug testing on employees. Product development is moving along quickly. Johnny Plankton at AfterPartyChat noted that Market Watch suggested that Cannabix Technologies could warrant a closer look by investors. He indicated that Mahli hopes to launch the device by the end of 2015.

Cannabix isn’t the only one attempting to develop a THC breathalyzer. Lifeloc Technologies, a Colorado-based company making breathalyzers, has been awarded a $250,000 grant from the Colorado Office of Economic Development to develop one. The CEO of Lifeloc, Barry Knott said that the company was in a race with itself to develop their own pot breathalyzer. “As far as we know there’s nobody else as far along in this.” They hoped to have the prototype by late 2015. Hey Barry, you may be behind Kal and Cannabix.

Researchers at Washington State University are also developing a breathalyzer for marijuana. Herbert Hill, a chemistry professor, is working with a research team from the university to develop the device. He told the Tacoma News Tribute: “We believe, at least initially, that it would lower the false positives that an officer would have. . . . They would have a higher level of confidence in making an arrest.” Lawmakers have expressed public support for the research. Hill and his team should be finished with their protoype by now and plan to test the device on human breath in 2015. Looks like there is at least a three-way race here.

But Adam Banner, a criminal defense lawyer with experience defending DUI cases, said he felt the marijuana breathalyzer may do more harm than good. Among his biggest concerns was the “zero tolerance” policy for drugged driving in some states like Oklahoma. Banner said that in these states a person could be charged with a DUI for having any detectable amount of THC in their system. He noted that in Washington State (as in Colorado) the current limit for driving under the influence of THC was 5 nanograms of active THC per milliliter of blood (5ng/ml).

Consequently, a person could be criminally charged for driving under the influence days or even weeks after he or she used marijuana–long after he or she was under any influence of the drug and when his or her driving would likely be unimpaired by the past drug use.

Banner seems to be misdirecting attention to a problem that doesn’t exist when he says: “In fact, in many states, the marijuana breathalyzer would ultimately put unimpaired drivers in jail instead.” He acknowledged that: “Drivers with a THC concentration greater than 5 ng/mL–the amount determined for DUID in Washington–have a significantly higher accident rate than drivers with no THC in their systems.” But his rhetoric gave an example of the hypothetical arrest of an individual returning to a zero tolerance state from a Colorado pot vacation who gets pulled over for a burned out tail light-and ends up arrested for DUID (driving under the influence of drugs) because he failed the breathalyzer—“despite being in no way impaired.”

Banner seems to have not read the information that indicates the THC breathalyzers are testing for the recent use of THC, sometime within the past two hours. He is right that a pot breathalyzer would increase the number of DUI arrests. But it doesn’t suggest that those arrests will be drivers posing no greater risk than teetotalers who never indulge. If marijuana legalization makes THC more likely to be in the bloodstream of individuals who drive, then the technology to accurately detect THC levels and research into their effect of driving will be done. As Banner said in the beginning of his article, he is all for finding ways to accurately indentify and eradicate impaired driving.

Or as Johnny Plankton succinctly put it: “Bakehead drivers, don’t say you weren’t warned.”