The laws around cannabis and driving continue to change – fast. To help stay current, we’ve put together another update:
DUI arrest rates continue to climb. That’s not to say that other substance use (besides pot) isn’t in evidence at the time of arrest. A significant percentage of DUI arrests involve multiple substances– most commonly, cannabis and alcohol.
This shouldn’t come as a surprise, given the rapid rise in the number of “regular” cannabis consumers– ordinarily defined in terms of weekly or near-weekly consumption — following the wave of legalization in a number of US states.
There’s a backlash, too: Some states have moved to enact legislation making it easier to convict drivers of cannabis-related impairment. Oklahoma is arguably the leader here. A new law in that state makes cannabis use illegal even for the passengers in a vehicle.
Will driver impairment become the standard? Apparently, cannabis testing yields an unacceptable number of false positive results. That’s probably due to metabolites that remain in the body from previous cannabis use– edibles, for example, or vaping certain cannabis products.
This has led some states to switch focus to a demonstration of impairment as a result of cannabis use. That usually means field testing. Here’s an example, from one State government, that illustrates how this process would likely play out in practice.
This testing will presumably be administered by officers trained in special skills and certified as “Drug Recognition Experts.”
I am suspicious of field testing in general. It’s just too easy to mistake the impact of one type of impairment for another. For instance, I would have trouble passing the test that involves heel-to-toe walking, based on a residual effect from abdominal surgery months ago– “foot drop” that affects my left side only. I can just imagine trying to explain that to an officer on the side of the road, even though I’d be completely free of any chemical influence.
At the very least, reliance on field testing should result in some entertaining confrontations between officers and defense attorneys.
Last, but not least, here’s a humorous take on cannabis impaired driving, “courtesy of the Royal Canadian Mounted Police”:
