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Researchers Propose Cannabis
Impairment Driving Guidelines
Hurth, Germany:
Sept 15th 2005
Return To OnlinePot's
Legal Section Main Page
Smoke and Mirrors: Driving While on Marijuana Doubles One’s Chances of a Serious Car Crash
Michigan Judge Rules that the Operating With Any Presence of Marijuana Statute is UNCONSTITUTIONAL!
HOW MUCH POT IS TOO MUCH WHEN DRIVING?
OUI, DUI, Driving While Impaired,
Presence Of THC Metabolite Alone Not Evidence
Of Driver Impairment, Michigan Court Says
Medical Cannabis or Marijuana Impairment
Positive Marijuana Result Not Associated With Auto Crash Culpability
US IL: Drug-sniffing Dogs In Traffic Stops Often
Wrong!
Legal Section
MOVE ALONG Driving 101
A cop offers advice on not getting stopped by law enforcement.
U.S.
Travel Tips Guide #2
3/19/03
Cop Stops #2, WHAT TO DO IF YOU GET STOPPED BY THE POLICE
3/19/03
How to
avoid Pot Busts At, On (or Near) the Border
The cops
& The Marijuana smell!!
Possible
drug courier profiles! Knowledge is Power!
DETAINING
SUSPECTED DRUG COURIERS: RECENT COURT DECISIONS from the F.B.I.
COMMONLY
ENCOUNTERED Drug CONCEALMENT METHODS & The use of Canines
TRAFFIC
STOPS & POLICE POWERS UNDER THE FOURTH AMENDMENT
Things The Cops Look For During Traffic Duty's &
Road Side Stops, 6/5/03
US laws prohibiting motorists from operating a vehicle with any
detectable level of
cannabis or cannabis metabolites in the driver's blood or urine
improperly classify
occasional marijuana smokers as impaired, concludes a report
issued this month by
an international panel of experts.
"Many recent per se laws for DUID [driving under the influence of drugs] prescribe a
zero tolerance for specific drugs, classifying drivers as being under the influence
of a drug if any amount of a listed drug or its metabolites can be detected in blood
or other body fluids. ... This strict approach facilitates law enforcement, but is
not based on science and does not only target impaired drivers," authors state. "Per
se laws specifying non-zero limits may offer a fairer and possibly more effective
alternative ... than zero tolerance laws, provided these limits are, as for alcohol,
derived rationally from scientific evidence."
To date, ten states have enacted so-called "zero tolerance" drugged driving laws,
making it a criminal offense for an individual to operate a motor vehicle with any
detectable level of a Schedule I substance present in his or her bodily fluids. In
six of these states, the law also prohibits motorists from operating a motor vehicle
if they have trace levels of non-psychoactive marijuana metabolites in their system.
Three states - Nevada, Pennsylvania, and Virginia - have enacted per se drugged
driving standards, prohibiting individuals from operating a motor vehicle if they
have levels of Schedule I drugs present in their body above a specific threshold.
All other states employ an "effect based" standard for DUID, which penalizes
motorists only if their observed impairment may be linked to the recent ingestion of
a controlled substance.
Authors estimate that a per se threshold for THC in the driver's blood of
approximately 5 ng/ml (equal to10 ng/ml as measured in blood serum) may be
reasonable for determining relative psychomotor impairment in non-habitual users.
"The most meaningful recent culpability studies indicate that drivers with THC
concentrations in whole blood of less than 5 ng/ml have a crash risk no higher than
that of drug-free users," authors write. "The crash risk apparently begins to exceed
that of sober drivers as THC concentrations in whole blood reach 510 ng/ml."
THC blood levels typically fall below 5 ng/ml in recreational cannabis users within
60 to 90 minutes after inhalation.
Authors add that a driver who tests positive for THC in the blood at levels of 5
ng/ml may suffer from psychomotor impairment comparable to those drivers who have
blood alcohol levels of .08%. However, previous studies of on-road accidents
indicate that cannabis' impact on actual driving performance appears to be more
limited than alcohol because subjects under its influence are generally aware of
their impairment and compensate accordingly, such as by slowing down and by focusing
their attention when they know a response will be required. This behavior is largely
the opposite of that exhibited by drivers under the influence of alcohol, who tend
to drive in a more risky manner proportional to their intoxication.
Publication of the panel's report comes less than a month after Congress approved
legislation authorizing the Department of Transportation and the National Institutes
of Health to "submit to Congress a report on the problem of drug-impaired driving,"
including "an assessment of methodologies and technologies for measuring driver
impairment resulting from use of the most common illicit drugs."
For more information, please contact Paul Armentano, NORML Senior Policy Analyst, at
(202) 483-5500. Full text of the expert panel's report, "Developing Science-Based
Per Se Limits for Driving Under the Influence of Cannabis," is available upon
request. A comprehensive breakdown of state drugged driving laws appears in NORML's
report, "You Are Going Directly to Jail: DUID Legislation: What It Means, Who's
Behind It, and Strategies to Prevent It," available online at:
http://www.norml.org/index.cfm?Group_ID=6492
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