Marijuana & Driving: A Review of the Studies & Legal Challenges
Ryan Allway
May 1st, 2017
News, Top News
Marijuana & Driving: A Review of the Studies & Legal Challenges
Driving under the influence of alcohol is well-known to increase crash risks, but the effects of marijuana impairment are less certain. State regulators and law enforcement agencies have struggled to come up with appropriate per se limits for tetrahydrocannabinol (THC) – the psychoactive component of marijuana – and have no simple roadside tests to measure impairment without an arrest and invasive blood test.
In this article, we will take a look at the studies for and against marijuana impaired driving, the current state laws regarding per se limits, and the challenges for state regulators and law enforcement.
Does Marijuana Impair Driving?
Alcohol has been shown to significantly increase the risk of accidents, but evidence of marijuana’s culpability in on-road driving accidents is less certain.
The National Institute on Drug Abuse cites several studies showing that marijuana use significantly impairs judgement, motor coordination, and reaction time with a direct relationship between blood THC concentration and impaired driving ability. On the other hand, industry advocacy groups like NORML cite studies showing that marijuana impairment doesn’t appear to play a significant role in on-road traffic incidents.
So, who is right?
The National Highway Traffic Safety Administration conducted a large case-control study that found no significant increase in crash risk attributable to cannabis after controlling for a driver’s age, gender, race, and the presence of alcohol. With over 3,000 crashes and 6,000 non-crash control drivers analyzed, the study was one of the largest of its kind conducted in the United States and is often cited by cannabis advocates as evidence against impaired driving.
When considering the results of the landmark study, the authors stress that it included a localized sample of crashes with unknown generalizability and a bias towards less severe crashes. It’s possible that these fundings could have been different if the data were collected in another location or if there had been additional severe crashes. There are also challenges with the way THC is metabolized in the body and detected following a crash.
The evidence supporting marijuana impairment when driving is largely focused on simulated driving experiments. For example, an Australian study conducted on 25 experienced and 22 inexperienced drivers tested under nine different drug conditions found that high levels of cannabis generally induced greater impairment than lower levels. Marijuana use was associated with a decreased mean speed, increased mean variability (swerving), and longer reaction time.
When considering these studies, it’s important to note that these are not ‘real world’ situations and they tend to be smaller cohorts of individuals involved in the studies. It’s also possible that cannabis use could create poorer drivers – such as those driving at slow speeds and swerving on the road – but those attributes may not translate to a crash risk. After all, they may be easier to avoid than drivers under the influence of alcohol that tend to speed.
The takeaway from these studies is that marijuana likely impairs driving ability compared to non-high drivers, but it’s uncertain how much the impairment translates to crash risks. As a result, most experts believe that it’s reasonable for state regulators and law enforcement agencies to exercise caution in the aftermath of recreational and medical marijuana legalization by setting limits on drivers until further studies are conducted.
What Are the Current State Laws?
The legalization of medical and recreational marijuana has created many challenges for state regulators and law enforcement officers. In general, most states have adopted so-called per se laws – like the 0.08 BAC for alcohol – to effectively prosecute high drivers. Law enforcement officers receive specialized training to recognize drug impairment, make an arrest based on suspicion, and then use a blood test used to measure intoxication.
Colorado and Washington
Colorado and Washington laws say that drivers with five nanograms of active THC in their whole blood can be prosecuted for driving under the influence. Officials in the states believe that the five nanogram limit is equivalent to a blood alcohol level of 0.08. Washington law further states that anyone pulled over with more than five nanograms found in a blood draw by a medical professional is automatically subject to a DUI conviction.
Ohio and Nevada
Ohio and Nevada have stricter per se limits of two nanograms of THC per milliliter with law enforcement permitted to pull over anyone suspected of high driving.
Arizona, Illinois, and Pennsylvania
Arizona, Illinois, and Pennsylvania have zero-tolerance policies when it comes to driving under the influence of marijuana. In these states, drivers with any amount of THC at all in their blood may be prosecuted for driving under the influence.
Measurement & Other Legal Challenges
The problem with marijuana impaired driving is two-fold – the drug is metabolized differently depending on the individual and there are no effective ways to measure THC impairment without making an arrest.
The National Highway Traffic Safety Administration notes that the blood concentration of THC in the bloodstream tends to spike immediately after smoking marijuana, but drops to a baseline level after three to five hours. But, THC is stored in the body’s fat cells for much longer than a few hours, which could mean a positive hair or urine test without being ‘high’. There’s also anecdotal evidence that THC intoxication varies based on the frequency of use.
The second problem is that there are no roadside breathalyzer tests on the market for law enforcement to easily measure impairment. If a driver is suspected of impairment, the are arrested based on the suspicion and must be taken to a facility where a medical professional can draw blood to be tested. This process may violate a driver’s rights given its invasiveness and involves a significant amount of time and energy for the law enforcement officer.
New Technologies on the Horizon
The good news is that there are new technologies on the horizon that could solve many of these problems by providing immediate feedback on impairment to law enforcement.
Cannabix Technologies Inc. (CSE: BLO) (OTC: BLOZF) is developing a THC breathalyzer technology that utilizes mass spectrometry for highly-accurate real-time detection of THC and its metabolic breakdown. Recently, the company announced that preliminary testing on human subjects showed that its Beta prototype is capable of detecting THC and other psychogenic cannabinoids in real-time after subjects smoked a THC cigarette.
The company plans to further test its Beta and Beta 2.0 prototypes to calibrate decay signal intensities with a refined breath collection component. The goal is to enable the breakthrough device to zero in on impairment with ‘recency of use’ like no other device on the market. And, as a first mover in the space, the company could rapidly build market share in the United States, Canada, and around the world as a leading technology provider.
The Bottom Line
Driving under the influence of alcohol is well-known to increase crash risks, but the effects of marijuana impairment are less certain. State regulators and law enforcement agencies have struggled to come up with appropriate per se limits for tetrahydrocannabinol (THC) – the psychoactive component of marijuana – but the good news is that technology like the Cannabix Breathalyzer could soon make roadside testing a reality.
This article was published by CFN Enterprises Inc. (OTCQB: CNFN), owner and operator of CFN Media, the industry’s leading agency and digital financial media network dedicated to the burgeoning CBD and legal cannabis industries. Call +1 (833) 420-CNFN for more information.
About Ryan Allway
Mr. Allway has over a decade of experience in the financial markets as both a private investor and financial journalist. He has been actively involved in the cannabis industry since its inception, covering public and private companies.
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