Riding High: Legalized Marijuana and DUI Law
/Ohio is officially the 24th state to have legal, adult-use marijuana.
We are keeping an eye on several ways the use of recreational marijuana could potentially impact DUI-related laws and enforcement:
Impaired Driving Standards: Legalization may prompt discussions on establishing or updating standards for determining impairment due to cannabis use while driving. This could involve the development of reliable testing methods for THC, the psychoactive component in cannabis, and setting legal limits for THC blood concentration.
Field Sobriety Tests: Law enforcement may need to undergo training to identify signs of cannabis impairment during field sobriety tests. Unlike alcohol, cannabis impairment is not easily measured with a breathalyzer, so officers may rely on observational and standardized testing methods.
Blood Testing Protocols: States often consider or revise blood testing protocols to determine cannabis impairment. Establishing THC blood concentration limits and defining what constitutes "per se" impairment may be part of the legal discussions.
Education and Awareness Programs: Legalization may lead to increased public education and awareness programs regarding the risks and legal consequences of driving under the influence of cannabis. Similar to alcohol, efforts may focus on discouraging impaired driving.
Legal Consequences: The legalization of cannabis might result in changes to DUI penalties specific to marijuana impairment. This could include updates to fines, license suspensions, and other consequences for those convicted of driving under the influence of cannabis.
Testing Technology: Jurisdictions may explore or adopt new technologies for roadside testing of cannabis impairment. The development of reliable and practical testing devices for cannabis could impact enforcement strategies.
