Legal limits while driving under the influence of marijuana
Legal limits while driving under the influence of marijuana
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Issue Date
2017
Authors
Faas, Kayla S.
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Abstract
Marijuana is a classified Schedule I drug which indicates its high potential for abuse and means the distribution and manufacture of any drugs within this schedule is a criminal offense as described in the Controlled Substances Act (CSA) of 1970. However, state legislations have passed laws to legalize marijuana producing a preemptive effect against the CSA. While this public debate remains challenged by federal and state officials, there is a need to determine control measures for states that are currently legalized. A control measure currently being utilized by many state governments, legalized or not, is the enactment of legal THC limits for drivers. This study researched whether setting this THC limit is an effective way to deter motorists driving under the influence of marijuana. This study analyzed drivers who were only tested positive for marijuana and involved in an accident where a fatality occurred over the course of 10 years. It was first determined that there was an increasing number of “high” drivers involved in fatal accidents as more states legalized marijuana from the years 2003 to 2013 (see Table 4-1). This data was further researched to determine whether this increase in “high” drivers was more contributed from states that had legal limits or states without legal limits. It was determined that legalized states with legal limits showed lower significant impact on the national increase of high drivers. On the contrary, it was determined that legalized states with no legal limit showed significant contribution to the national increase in high drivers. Lastly, it was researched to determine whether illegal states that have legal limits also contributed. Interestingly, illegal states with and without limits, showed similar significance to the national increase. This suggests that legal limits are providing efficient deterrence in legalized states, but have no significant effect in states that are not legalized.
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Forensic science