Determining Who’s ‘Too High To Drive’ Poses Challenge For Police Nationwide
In the wake of rising drug-related traffic fatalities, police departments across the U.S. find themselves grappling with outdated methods to determine cannabis impairment in drivers. As MLive reported, with cannabis legalization continuing to grow nationwide, law enforcement is left without a reliable tool akin to a breathalyzer for marijuana detection, leading to inconsistent enforcement and legal challenges.
Challenge Of Detecting Cannabis Impairment
In 2021, over half of drivers involved in fatal crashes tested positive for drugs, according to the National Highway Traffic Safety Administration. As states adopt different standards for cannabis impairment, six have introduced “per se” THC limits, similar to blood alcohol levels, despite research suggesting no correlation between THC levels in the bloodstream and impairment. Professor William McNichol of Rutgers Law School points out the limitations of this approach, comparing it to alcohol enforcement in its simplicity but noting that it “just doesn’t stand up” scientifically.
Research on THC levels has found that the substance disperses from the bloodstream rapidly after inhalation, complicating efforts to …