Kava Kava intoxication, and other botanicals.

[schlep.rock]

I hope this isn't a duplicate, the first one disappeared.

Oregon.
Can you be arrested for Kava intoxication. I don't think there is a legal limit for how much makes you impaired whether you are sloppy or not. So unlike alcohol .08 isn't proof of impairment. Is the field sobriety test the only way to determine intoxication?

What I am really after is:
There are a few herbal highs around. Can you be arrested for DUII for using one of them (Kratom) if you are not intoxicated. You can pass a field sobriety test.

These things are also being sold in powder and capsule form. No FDA approval. So they look like illegal drugs. How can they be transported. Don't pills normally need to be a a manufacturer's bottle and look like what the bottle says they should look like.

 

[justalayman]

If speaking to driving; I cannot find a statute that would allow for the charge (DUI) for a Kava. The law as written speaks specifically to alcohol, controlled substances, or inhalants.


I suspect there is a law addressing impaired driving somewhere in the ORS though. Their website makes it a pain to find anything via browsing.

 

[schlep.rock]

If speaking to driving; I cannot find a statute that would allow for the charge (DUI) for a Kava. The law as written speaks specifically to alcohol, controlled substances, or inhalants.


I suspect there is a law addressing impaired driving somewhere in the ORS though. Their website makes it a pain to find anything via browsing.

Thanks for your speedy response.

How would I search for a revised statute in Oregon. I can barely get info on Portland's Sit Lie ordinance. The info I have comes from a Google search of what newspapers are saying. Finally one paper referenced the actual ordinance and I was able to find it. Sorry, those two are only related by the fact that it is tough to search for rules/laws if you don't know what you are doing.

Thanks again, it is appreciated.

 

[justalayman]

http://www.leg.state.or.us/ors/

that is the page for all the statutes. Hit on the table of titles and chapters do get the titles within each section.

 

[ecmst12]

If you are driving erratically or recklessly, you can be arrested or cited for that regardless of whether you pass a sobriety test. The intelligent thing to do would be, NOT DRIVE after using mind-altering substances, whether they are legal or not.

 

[HighwayMan]

Proving impaired ability to drive does not require any chemical test. An officer's observations of your driving and subsequent behavior is quite enough.

Anything that alters your motor skills, perceptions, judgment, etc is something to avoid if you intend to drive, regardless of the letter of the law.

 

[justalayman]

Proving impaired ability to drive does not require any chemical test. An officer's observations of your driving and subsequent behavior is quite enough.

Anything that alters your motor skills, perceptions, judgment, etc is something to avoid if you intend to drive, regardless of the letter of the law.

I don't doubt it's there. The thing I couldn't find was a statute that applied to it. The DUI statute appears to be a bit too specific and doesn't appear to include legal yet impairing substances.