There is no system of standardized marijuana testing for DUI.
Ever since marijuana was legalized, I have been concerned about testing for driving under the influence of weed. The first lesson I learned about marijuana was the difference between thumb-sized West Coast joints and pencil-thin East Coast joints. Much later, I personally learned about the effects of high levels of THC. I fainted after taking only two taka strong joints.
Overall, while several methods exist for testing marijuana impairment, none are as straightforward or reliable as those used for alcohol. This complexity presents significant challenges for law enforcement and legal systems in effectively addressing marijuana-related DUIs.
In Virginia, it is illegal to drive under the influence of marijuana. TeaThis is true of many other states that have legalized this drug.
Before anyone gets behind the wheel, know that it is illegal to drive while intoxicated in Virginia. This includes using marijuana while driving a motor vehicle or traveling as a passenger. A first-time offense may result in:
- One year in jail and/or a fine up to $2,500
- $250 mandatory fine
- Losing driver’s license for one year
Additional offenses can result in more serious fines, jail time, and loss of driving privileges. The consequences of speeding are as serious as the dangers of marijuana-influenced driving; Driving at height is a danger to everyone sharing the road. Think about the well-being of others and yourself.
Although many states have changed their laws regarding marijuana, driving while under the influence of the drug is still illegal everywhere.
Think twice before driving fast.
The National Highway Traffic Safety Administration, which is part of the U.S. Department of Transportation, helped change the perception of drunk driving by standardizing the phrase “Don’t let friends drive drunk,” and now it’s time to spread the message about the dangers of marijuana use and driving.
NHTSA has partnered with the Ad Council to launch a drug-impaired driving prevention campaign. If you feel different, you drive differentTogether, we hope to change the cultural conversation about driving after using marijuana to make it as socially unacceptable as driving under the influence.
According to studies, marijuana can slow your reaction time, impair judgment of distance, and reduce coordination, which is essential when you are driving.
In recent years, driving under the influence of drugs has become a major highway safety issue. According to an NHTSA study, from 2007-2013 there was a 48 percent increase in weekend nighttime drivers who tested positive for tetrahydrocannabinol (THC) – the chemical responsible for the psychoactive effects of marijuana.
Here are some tips for getting home safely.
If you have consumed marijuana or any other harmful substance, do not drive.
- Hand over the keys to an intelligent driver who can safely take you to your final destination. It is never a good idea to drive while under the influence of any substance.
- Take the keys from a friend who is driving under the influence of alcohol and make arrangements to take him home safely. Don’t worry about offending anyone – they’ll thank you later.
The National Security Organizations and Advertising Council have launched the “FeelDifferentDriveDifferent.org” campaign. This site is a resource to help people make wise driving decisions. It is designed to remind people about the dangers and illegal nature of driving under the influence of drugs.
Testing marijuana impairment while driving is challenging and lacks the accuracy seen in alcohol testing. Unlike alcohol, which can be easily measured with a breathalyzer, the effects of marijuana are more complex and variable.
Current Testing Methods
- Blood tests: These measure the concentration of THC, the psychoactive ingredient in marijuana, in the bloodstream. However, THC can persist in the blood long after the effects have worn off, making it an unreliable indicator of current impairment.
- Saliva tests: Used to detect recent marijuana use, these tests can show the presence of THC up to 8 to 24 hours after use. However, their results may be inaccurate and are not completely reliable for determining impairment.
- Field Sobriety Tests (FST): These assess physical and cognitive functions but are not sensitive enough to reliably detect marijuana intoxication.
- Officer’s Comments: Law enforcement may rely on visible signs of impairment, such as erratic driving or physical symptoms, but these are subjective and can vary widely between individuals.
Challenges
Variability in effects: Marijuana affects individuals differently, and factors such as method of consumption and level of tolerance complicate testing.
Lack of consensus: There is no universally accepted THC level associated with harm, making it difficult to establish legal standards. Overall, the lack of a standardized system complicates the prosecution and defense of marijuana DUI cases.
Marijuana significantly impacts driving ability in several ways:
cognitive impairment
Marijuana use affects key cognitive functions necessary for safe driving:
- attention and focus: It impairs the driver’s ability to concentrate on the road and surrounding traffic conditions.
- decision making:THC slows down the ability to make quick decisions while driving,
- Memory: Short-term memory loss can affect navigation and remembering traffic rules.
- perception: It distorts the perception of time, speed and distance.
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physical effects
Marijuana also impacts physical abilities important for operating a vehicle:
- reaction time: Slows down reaction and response to sudden changes or threats.
- Coordination: Impairs the motor skills needed for steering and pedal control.
- balance: Affects overall body control and stability.
changes in driving behavior
Studies have observed specific changes in driving behavior under the influence of marijuana:
- speed reduced: Drivers drive slower, possibly as a compensation mechanism.
- lane control: Increased probability of lane departure and weaving.
- maintain distance: The tendency to increase distance from the vehicle ahead.
- overtaking: Reduction in attempts to overtake other vehicles.
loss period
The effects of marijuana on driving may last longer than many users expect:
- Smoking marijuana can impair driving skills for 4.5 to 8 hours.
- Edible marijuana products may impair driving for up to 8-12 hours.
increased risk of accidents
While the exact relationship is complex, studies indicate:
- Marijuana use increases the risk of being involved in a car accident.
- The combination of marijuana and alcohol has additive or multiplicative effects on impairment,
It is important to note that, unlike alcohol, there is currently no standardized level of THC that definitively indicates impairment, making marijuana-impaired driving challenging to implement and measure.
Given these effects, it is important for safety that individuals avoid driving under the influence of marijuana.
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Charlie Leocha is president of Travelers United. He has been in Washington, DC for the past 14 years working with Congress, the Department of Transportation and industry stakeholders on travel issues. He was the first consumer representative on the Aviation Consumer Protection Advisory Committee appointed by the Secretary of Transportation from 2012 to 2018.



