These days, a lot of people are on the keto diet, a low-carb diet advertised to encourage weight loss. The diet puts your body into a state called "ketosis," where the liver begins to break down fat to fuel the body. Acetone, a byproduct of ketosis, is released through the breath in the form of isopropyl alcohol. This is different from ethanol, which is the type of alcohol people drink. The question is, can breathalyzers tell the difference?
If a drug field test comes back positive, that is generally considered enough to justify an arrest. Field tests are inadmissible in most courts, so further testing must be performed by a lab. Unfortunately, lab results can take months to come back. If a field test is inaccurate, an innocent person could be stuck in jail for a long time before the inaccuracy is discovered.
The question of how much discretion federal judges should have when sentencing criminal defendants is an important one, and opinions have changed over time. In the 1980s and 1990s, Congress passed a large number of strict, mandatory minimum sentencing requirements.
Marijuana arrests make up over half of all drug arrests in the U.S., and approximately 88 percent of marijuana arrests are for possession. Enforcing our state and federal marijuana laws costs the U.S. about $3.6 billion every year, yet doing so has had virtually no measurable impact on the availability of marijuana. It also ensnares hundreds of thousands of people in the criminal justice system.
Someone was arrested for a marijuana offense every 48 seconds in 2017, according to new data from the FBI. Arrests for marijuana offenses rose across the U.S. last year even as more states legalized the drug. Moreover, the increase was driven by arrests for mere possession.