It’s no secret that stoned driving is hard to detect. Even in states where cannabis is legal and regulated like alcohol, an effective and reliable impairment test has yet to hit the market, leaving law enforcement to use a mix of outdated, ill-informed tests and their own variable guessing games to make weed-related DUI arrests. To drive home the point about the difficulties in testing stoned drivers, the National Highway Traffic Safety Administration (NHTSA), a subset of the federal Department of Transportation, has submitted a report to Congress on marijuana and driving, detailing the need for a consistent detector of cannabis impairment, research into stoned driving and increased training for the nation’s police officers.
Taking shots at urine, hair, sweat, mouth swabs and more, the report is not shy about the inaccuracy of current testing methods, including the most widely discussed and most invasive option, testing a drivers blood and making an arrest if it supersedes an arbitrary 5 ng/ml of THC benchmark.
“The adoption of a 5 ng/ml per se law for THC would appear to result in the exclusion of a large number of drivers who law enforcement officers…