Driving While Stoned

Published for NC Criminal Law on February 20, 2014.

The New York Times reported earlier this week that driving under the influence of marijuana is significantly less risky than driving with a blood-alcohol concentration of 0.08.  That’s a good thing, since the Times also reported that impairment from marijuana is difficult to detect using the current battery of standardized field sobriety tests and difficult to confirm through subsequent laboratory tests.  The article summarized several recent studies making these findings and noted the conclusion of some experts that public resources would be better spent combating alcohol-impaired driving, including perhaps lowering the per se threshold for alcohol concentrations to 0.05,  than in establishing a per se limit for blood-THC content or devising roadside tests to detect for marijuana impairment. Why is driving while stoned less risky? The simple answer is that marijuana and alcohol have different physiology. Drivers impaired by alcohol tend to overestimate their skills and drive faster.  Drivers impaired by marijuana do the opposite. A professor of public policy interviewed for the Times article noted the old joke about “‘Cheech and Chong being arrested for doing 20 on the freeway.’”  (The Times ran a picture of the famous comedic duo to accompany its story, which, if you ask me, it should have saved for Throwback Thursday (#tbt)). Studies estimate that drivers who are stoned are twice as likely to crash.  A 20-year-old driver who has a blood-alcohol concentration of 0.08 percent, in contrast, is almost 20 times more likely to be in a fatal accident than a sober driver. Why [...]