States that have legalized marijuana use are now grappling with how to deal with impaired drivers. The biggest hurdle facing law enforcement, according to Governing.com, is the lack of a uniformly-accepted way of measuring impairment.
It’s an issue that is commanding attention, after a 2015 report by the Governors Highway Safety Association showed that the number of fatal crashes involving marijuana surpassed the amount of those involving alcohol for the first time.
Research from the Highway Loss Data Institute also showed an increase in the number of insurance claims in three states after they legalized marijuana: Oregon, Washington and Colorado.
We can be confident that after each of these states legalized recreational use, crash risk increased,” Matt Moore, a senior vice president at the institute, said. “If those who are making laws are concerned about highway safety, they need to be concerned about the increased risk associated with recreational use of marijuana.”
While the data exists to confirm an increase in crashes from the drug, law enforcement is limited in charing those suspected of impaired driving.
Reliably Identifying Impaired Drivers is a Struggle
While law enforcement officers have a variety of tools to determine alcoholic sobriety, from field tests to breathalyzers to blood tests, there are no accepted standards to measure marijuana levels in drivers.
In September, Massachusetts’ highest court ruled that the observations of police officers will be accepted against those suspected of driving under the influence of marijuana, though the observations cannot be used as the sole source of evidence.
City in Illinois Tests Device to Identify Impaired Drivers
Law enforcement officers in Carol Stream, Illinois, are the first in the state to test a device that will determine if an individual is operating a motor vehicle while under the influence of marijuana.
The test will consist of a mouth swab that will check for the presence of cocaine, amphetamines, methamphetamines and opiates like heroin, in addition to marijuana.
California, Colorado, Kansas and Michigan have also begun utilizing similar tests to determine impaired drivers, though it’s not clear if such test will be held up in court, according to one defense attorney.
They might just as well hand somebody a bag of nachos and see if he eats it,” Don Ramsell, who specializes in driving under the influence law. “That’s just as valid.”
Editor’s Note: Updated April 19, 2019: What began as a one-year pilot program in five Michigan counties is now expected to expand statewide this year, according to WKAR. The roadside mobile forensics mouth swab tests reportedly correlated well with lab tests.
California Pushes for Stricter Laws to Combat Impaired Drivers
A study from the National Highway Traffic Safety Administration showed that the number of nighttime weekend drivers found to be under the influence of marijuana increased by 50 percent from 2007 to 2014.
Current California law prohibits “stoned driving,” but as of Jan. 1, 2018, a new law will go into effect that will make it illegal to drive or ride in a car while actively smoking marijuana. The regulation includes consuming marijuana edibles.