Two states, Colorado and Washington, have legalized the recreational use of marijuana. Four more states — Alaska, Massachusetts, New York, and Oregon — and the District of Columbia, may be close to doing the same. Moreover, medical marijuana is currently available in 22 states and Washington D.C.
In the wake of the widespread move to remove the boundaries against marijuana use, states are scrambling to figure out how to detect and deal with drugged drivers.
DUID Laws: The Times, They are Changing
Driving under the influence of drugs (DUID) is a criminal act in every state in the Union and the District of Columbia. What constitutes a DUID charge, however, varies. High-profile cases, like the arrest of Pittsburgh Steelers running back Le'Veon Bell in Pennsylvania, has many observers demanding state laws start backing down on hardliner legislation. They point to the widespread and socially acceptable use of alcohol and ask "Why not marijuana too?"
For decades, the seemingly innocent weed has brought down felony sentences, even for use and possession. The widespread classification of marijuana as a taboo drug, though, is giving way to public opinion to the contrary.
How much is too much?
Most states require proof that a driver is being adversely affected by a drug before a DUID conviction can be administered. Some states, though, say the presence of a drug, or its metabolites, is sufficient for conviction. Marijuana can be detected in the urine for up to two weeks or more after use. Those who reside in one of the per se DUID states could be feeling absolutely sober and still get arrested for DUID, sometimes if there is ANY detectable amount of drug use. Others states, like Colorado and Washington, have set minimum THC levels.
States with per se DUID laws
- Arizona
- Utah
- Nevada
- Montana
- Washington
- Colorado
- Oklahoma
- Iowa
- Wisconsin
- Illinois
- Georgia
- Indiana
- Michigan
- Pennsylvania
- Washington, D.C.
- Ohio
- Delaware
Detection Methods and the Spit Kit
Police use portable breathalyzers to field test for alcohol consumption. With the changing situation in cannabis regulations, legislators and concerned citizens are pushing for technology that would allow the same degree of detection for those who drive after having used marijuana.
Those who debate how much is too much and how long (after use) is long enough are looking to scientific research and statistical data for answers. Perhaps the most promising development is the "spit kit," a portable saliva test for THC. It is a noninvasive means that can test the saliva for the recent use of marijuana. Recently, Michigan appeared to be close to embracing saliva testing, but held off over concerns about accuracy and how to handle medical-marijuana cases.
Like the weather, the only thing certain about marijuana laws, right now, is that they will change. In the short term, look for additional states to legalize pot by popular vote, but don't expect legislators to iron out the confusion over how to police the situation without considerable debate and additional research.