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Caponecchia found that Robertson had consumed an unknown amount of cannabis between 7 a.m. and 9 a.m. on the morning of the crash, but said it was not clear whether he was experiencing the impairing effects of the drug when he caused the collision at approximately 12:15 p.m.
The court heard that 45 minutes after the collision, Robertson had 40 ng/ml blood of THC in his blood, whereas the current law allows for not more than 5 ng/ml two hours after driving.