The Impaired Driving Task Force, a safety task force regarding driving under the influence of cannabis in California, determined there should be no set limit of THC content in the bloodstream when driving. They further stated that specific limits are not backed by conclusive industry research.
Currently, California does not have a legal limit set for THC content in the bloodstream while driving; conversely, there is a legal limit for bloodstream alcohol content. At this instant, officers resort to using field sobriety tests to determine if an individual is under the influence or impaired from THC. Other states like Colorado have set limits on the levels of THC metabolites in the bloodstream when driving.
The panel suggested law enforcement “should use the best available, scientifically validated, roadside presumptive drug testing technology for possible drug-impaired driving investigations.”
However, the task force, led by a panel of experts with the California Highway Patrol, did not specify what tools are available for officers.
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Existing THC Content Tests are Flawed
According to research, blood tests are fundamentally flawed and are unable to effectively indicate how long THC has been in the driver’s system. Blood tests also fail to indicate a driver’s tolerance or how high the individual actually is at the time of the traffic stop. Additionally, blood tests are unable to give a correct timeline of when the person actually consumed cannabis.
“Drugs affect people differently depending on many variables. A per se limit for drugs, other than ethanol, should not be enacted at this time as current scientific research does not support it. However, the state should continue to advance research in this area, to include methods of evaluating impairment,” the report reads.
There are various available tools on the market that have been in development, and new technologies that continue to enter the market. This includes cell phone apps, saliva tests, and more. However, many of these tools are unable to accurately indicate the level of impairment at any given moment. This is why they are not currently in broad use.
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Even Cannabis DUI Tests in States with Limits are Not Fully Reliable
Some states do have set limits for cannabis DUI tests. However, their accuracy and reliability in conclusively determining impairment are not up to scientific standards. Multiple studies conducted on the validity of these tests have proved inconclusive.
“There appears to be a poor and inconsistent relationship between magnitude of impairment and THC concentrations in biological samples, meaning that per se limits cannot reliably discriminate between impaired from unimpaired drivers,” the study states.
Similarly to the task force, researchers agreed there’s a pressing need for more accurate methods of testing for cannabis impairment. As of today, in some jurisdictions, road-side behavioral or cognitive tests, as well as blood and saliva tests, are used. However, their accuracy and efficacy remain widely researched and argued.
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