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3 Second google. Link headline is incorrect. It says 3 were killed. It was actually 4 when you read the article.
This is classic.
There is no way for the test they gave him to determine if he was under the imfluence or just smoked pot some time in the past few weeks.
They are working on tests to see if one smoked enough recently to be considered impaired, like blood alcohol levels.
But right now its pass/fail, and simply doesn't begin to prove impairment.