How to Regulate ‘Drugged’ Driving With Increased Acceptance of Marijuana

Mon, 9/4/2017 - 9:11 pm by Kirsten Rincon

Driving under marijuanaAlthough there are only two states – Colorado and Washington – that have legalized marijuana for recreational use so far, many more, primarily Maryland, California, Oregon, and New York, are expected to follow suit and make it legal, as well, which could have various  consequences, aside from the positive economic impact, due to increased tax revenues and reduced costs associated with prohibition enforcement. The biggest concerns involving increased acceptance of marijuana across the country have to do with raise in crime, and car accidents, in particular.

While driving under the influence of marijuana is not considered to be as dangerous as drunk driving, it is still associated with increased risk of car accidents, as it impairs a driver’s judgment and perception, and delays reaction times. That’s why there is a debate over the potential safety implications of an accelerated decriminalization of marijuana in numerous states, with concerns that it may lead to a surge in drugged driving fatalities. It has prompted many lawmakers to try and come up with a way to regulate drugged driving and prevent a spike in drug-related car crashes.

Several representatives have asked a series of hearings on driving while impaired by marijuana to be held, in order to determine the risks involved in drugged driving, and create legislation that would help police detect impaired drivers and cite them accordingly. Lawmakers are calling for more extensive research on the effects of marijuana on a person’s driving abilities, so that they can assess a potential direct correlation between the use of marijuana and car crashes.

When it comes to regulating drugged driving, the biggest issue has to do with how to prove that a driver is too intoxicated by marijuana to be able to operate a vehicle safely. Colorado and Washington, where marijuana is legal, have DUI laws that make it illegal to drive with a THC level (the primary active ingredient in marijuana) of five nanograms per milliliter of blood or more. But, even with an established legal limit for THC concentration, it’s difficult to enforce this ban, as marijuana impairment tests are deemed impractical and their accuracy is being widely disputed. THC levels are usually measured by taking blood or urine samples, but they can not be conducted at the side of road, unlike breathalyzer tests that are used to determine a driver’s blood alcohol concentration, and must be performed after an arrest is made. Some states have even proposed saliva tests, which are touted to be more reliable, as they return positive results only a couple of hours after a person has smoked marijuana.

Experts say that detecting physical signs of marijuana impairment is key to efficient law enforcement. Authorities in Colorado have realized that, and have deployed police officers who are specially trained Drug Recognition Experts. They are able to determine whether a driver’s ability to operate a motor vehicle is impaired by marijuana based on their driving behavior and driving patterns, which would be considered as reasonable grounds to require a chemical test.

In summation, future drugged driving regulations, in light of expected rise in consumption of marijuana, will have to focus on defining the term “drugged driving” more accurately, and making a difference between operating a motor vehicle  with any detectable amount of illegal drugs in your system, and operating a vehicle while impaired. At the moment, the latter definition is accepted in states that have legalized marijuana, with a five nanograms per milliliter of blood THC limit, but critics say that this limit should be lowered. Be that as it may, the need for a standard on assessing marijuana impairment is more than obvious, which is key for ensuring an effective enforcement of drugged driving laws.