<< FBI Director on the Viral Video Effect | Main | News Scan >>


Driving while "stoned" - how much is too much?

| 0 Comments

Last month, the U.S. Supreme Court heard oral argument in three "drunk driver" cases.  The defendants in those cases challenged the criminal penalty that attaches when an arrested suspected drunk driver refuses to take a chemical test to determine the driver's blood alcohol level.  CJLF filed an amicus brief in one of the cases (Beylund v. Levi) in support of the implied consent and criminal refusal laws.

The amount of alcohol in a person's blood is scientifically easy to determine.  Most people agree that drunk people should not operate a motor vehicle.  But what about stoned drivers?  Driving under the influence of "any drug" is a crime in California (Vehicle Code 23152(e)).  But, there is no established legal limit for marijuana like there is for alcohol.

I was recently driving down a fairly quiet street with my three young kids.  From the backseat, my 7-year-old exclaimed, "MOM!  I smell a skunk!"  It was not a skunk.  The driver of the car in front of me had her side window rolled down and her left arm out at a 90⁰ angle.  Pinched between her thumb and index finger was a marijuana cigarette.  She was puffing away while driving.  Smoke was billowing out behind her directly into my car's air vents.  

Yes, she could have been stopped by the police (as far as I know she wasn't...)  But, if stopped, how is the police officer supposed to determine if the amount of THC in her blood was "too" much to safely operate a motor vehicle?   Some states say that any amount is "too" much, whereas other states have an established legal limit.  California, at this point however, has neither. 

The socially acceptable, recreational use of pot geared towards young people is everywhere.  It's on TV...it's in magazines...it's on the internet (someone please stop Miley Cyrus)...and it's in music - lots and lots of music.  My 10-year-old son frequently sings song lyrics about "getting high" or to "smoke weed everyday" (thank you so very much Fetty Wap, Dr. Dre, and Snoop Dog...)  These songs, along with many others like them, are on the public radio stations.  I'm fairly confident that the recreational use of marijuana will become legal in California fairly soon.  With that reality looming, it's imperative that we educate this generation of kids who will grow up in a world where both marijuana and alcohol are legal, easy to procure, and easy to abuse.  

Tracey Kaplan recently authored this article entitled "California grapples with how to keep stoners off the road amid growing pot acceptance."  Whatever route California decides to take with stoned drivers, it is sure to keep law enforcement even busier on the roadways and will keep District Attorneys and DUI defense lawyers busy in the courtroom.  Don't even get me started on the issues it will bring for parents of teenagers...

Leave a comment

Monthly Archives