Marijuana and testing for DUI
As marijuana becomes legal in more states, Government’s across the country are still searching for reliable ways to test for cannabis and its impact on driving. As of March of 2017, seven states and the District of Columbia have all passed laws legalizing marijuana for recreational use.
Despite the increasingly legal use of cannabis in many states, law enforcement officers do not have the equivalent of a reliable breathalyzer or blood testing method for estimating how the drug is impacting the brain in relation to operating a vehicle. The current blood tests detect some of the marijuana components. But, there is not a widely accepted, standardized (think .08) way to determine whether a person is impaired. States are beginning to pass legislation regarding standardized testing for cannabis and driving. So, stay tuned. It is much more difficult for the government to prove someone is “impaired” from the use of marijuana than it is to prove impairment from alcohol.
If you find yourself in a situation where you are suspected of driving under the influence of cannabis, you should consult legal counsel. I will continue to watch the developments in this area of law and update as changes occur.