By ABC FOX MT News Staff
Courtesy from AAA Foundation
Fatal
crashes involving drivers who recently used marijuana doubled in
Washington after the state legalized the drug, according to the latest
research by the AAA Foundation for Traffic Safety.
AAA MountainWest states the research also shows that legal limits for marijuana and driving are arbitrary and unsupported by science, which could result in unsafe motorists going free and others being wrongfully convicted for impaired driving.
AAA MountainWest states the research also shows that legal limits for marijuana and driving are arbitrary and unsupported by science, which could result in unsafe motorists going free and others being wrongfully convicted for impaired driving.
Washington
was one of the first two states to legalize the recreational use of
marijuana, and these findings raise serious concerns about drug-impaired
driving with at least 20 states considering marijuana legalization this
year. In Montana, marijuana is legalized for medical use only.
The
Foundation examined drug tests and fatal crashes among drivers in
Washington, a state that legalized marijuana in December 2012. The
researchers found:
- The percentage of drivers involved in fatal crashes who recently used marijuana more than doubled from eight to 17 percent between 2013 and 2014.
- One in six drivers involved in fatal crashes in 2014 had recently used marijuana, which is the most recent data available.
“The
significant increase in fatal crashes involving marijuana is alarming,”
said Anna O’Donnell, AAA MountainWest spokesperson. “Washington serves
as an eye-opening case study for what other states may experience with
road safety after legalizing the drug.”
In
an attempt to enforce drug-impaired driving, some states have created
legal limits, also known as per se limits, which specify the maximum
amount of active THC that drivers can have in their system based on a
blood test. THC is the main chemical component in marijuana that can
impair driver performance and affect the mind, and the presence of
active THC is generally suggestive of recent marijuana use. These limits
are similar in concept to the .08 BAC limit for driving under the
influence of alcohol.
Researchers
examined the lab results of drivers arrested for impaired driving, and
the results suggest that legal limits for marijuana and driving are
problematic because:
- There is no science showing that drivers reliably become impaired at a specific level of marijuana in the blood. Depending on the individual, drivers with relatively high levels of marijuana in their system might not be impaired, while others with low levels may be unsafe behind the wheel. This finding is very different from alcohol, where it is clear that crash risk increases significantly at higher BAC levels.
- High THC levels may drop below legal thresholds before a test is administered to a suspected impaired driver. The average time to collect blood from a suspected driver is often more than two hours because taking a blood sample typically requires a warrant and transport to a facility. Active THC blood levels may decline significantly and could drop below legal limits during that time.
- Marijuana can affect people differently, making it challenging to develop consistent and fair guidelines. For example, frequent users of marijuana can exhibit persistent levels of the drug long after use, while drug levels can decline more rapidly among occasional users.
“There
is understandably a strong desire by both lawmakers and the public to
create legal limits for marijuana impairment, in the same manner as we
do with alcohol,” said Anna O’Donnell. “In the case of marijuana, this
approach is flawed and not supported by scientific research. It’s simply
not possible today to determine whether a driver is impaired based
solely on the amount of the drug in their body.”
AAA
is urging states to use more comprehensive enforcement measures to
improve road safety. Rather than relying on arbitrary legal limits,
states should use a two-component system that requires a positive test
for recent marijuana use, and most importantly, behavioral and
physiological evidence of driver impairment.
This system would rely heavily on two current law-enforcement training programs: Advanced Roadside Impaired Driving Enforcement and the 50-state Drug Evaluation and Classification program. These programs train law enforcement officers around the country to more effectively recognize drug-impaired driving.
This system would rely heavily on two current law-enforcement training programs: Advanced Roadside Impaired Driving Enforcement and the 50-state Drug Evaluation and Classification program. These programs train law enforcement officers around the country to more effectively recognize drug-impaired driving.
“Marijuana
can affect driver safety by impairing vehicle control and judgment,”
continued O’Donnell. “States need consistent, strong and fair
enforcement measures to ensure that the increased use of marijuana does
not impact road safety.”
Alaska,
Colorado, Oregon, Washington and Washington, D.C., have legalized the
recreational use of marijuana, and 20 states have legalized it for
therapeutic and medicinal use.
- Montana and Washington have implemented a per se limit for marijuana at 5 ng/mL
- Nevada and Ohio have set a limit at 2 ng/mL.
- Pennsylvania’s is set at 1 ng/mL. Twelve states have strict per se laws that forbid the presence of any levels of marijuana.
- Colorado, a blood concentration of 5 ng/mL or more gives rise to permissible inference that a person was driving under the influence of the drug.
AAA
MountainWest is dedicated to preparing and protecting close to 200,000
members in Alaska, Montana and Wyoming with travel, insurance, financial
and auto-related services. As North America’s largest motoring and
leisure travel organization, AAA provides more than 55 million members
with travel, insurance, financial and automotive related services. Since
its founding in 1902, AAA has been a leader and advocate for the safety
and security of all travelers. AAA MountainWest can be visited on the
Internet at www.AAA.com.
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