“These piecemeal methods will only cause victimization for those who have been falsely accused.”
By Sophie Nieto-Munoz, New Jersey Monitor
Cannabis specialists are concerned by a lawmaker’s attempt to force motorists suspected of driving while under the influence to give a blood test to police.
The legislation has been criticized by those who believe it will give police more authority that they would use disproportionately to oppress people of color. They also claim the methods of testing required in the bill are not even effective.
Joshua Bachner is a cannabis lawyer at the law firm Mandelbaum Barrett. He criticized this move as an overreach by government.
He said that the state should create a reliable, comprehensive method to determine impairment. Many of us are willing to work with them on this. “But these piecemeal methods will only cause victimization for those who have been falsely accused .”
Under the current law in New Jersey, anyone who drives consents to a breath test if they believe that police are considering them to be driving drunk. This is called “implied permission.” The new legislation would extend this to blood tests and include any narcotics, hallucinogenics, or other drugs. A person would be considered under the influence of cannabis if their blood test showed 3 nanograms of THC, which is the chemical that makes marijuana users high.
Two years after the launch of New Jersey’s recreational cannabis market, and with legal cannabis becoming more widespread nationwide, there is a push to extend implied consent laws so that they apply to drivers suspected to be marijuana users.
According to the National Highway Traffic Safety Administration, drug-impaired drivers are a major highway safety concern. From 2007 to 2014 there was a 48 per cent increase in the number of drivers who tested positive for THC.
Shirley Turner, the sponsor of the bill (D-Mercer), did not reply to a comment request. Turner introduced a bill similar to this one in the previous legislative session, but it was never voted on by a committee.
Bauchner cited a report by the National Library of Medicine, which he said refutes the method of testing suggested in the bill. The study shows that people’s tolerance to cannabis can affect their response to different amounts.
The few states that have marijuana-impaired driving laws allow drivers to have varying amounts of THC in their system. Nevada and Ohio permit 2 nanograms of THC, while Illinois and Washington accept 5 nanograms. According to the National Conference of State Legislatures there is no standard national for drugged driving. This is in contrast to the alcohol impairment level of 0.08 blood alcohol content, which has been nationally recognized. New Jersey does not currently have a THC limit for drivers.
Currently, there is no way to prove that someone is high on marijuana. Cannabis can stay in the system of a person for 45 days, unlike alcohol which is broken down over several hours. Bauchner said this is another problem with the law.
He said, “This isn’t based in science. It’s based on guesswork.”
Alex Shalom is an attorney at the American Civil Liberties Union of New Jersey. He said that it was fair for the state of New Jersey to explore new ways to combat impaired driving. However, he also expressed concern about the possibility of arresting people who were not impaired. He asked if there was a scientific way to determine if someone is impaired from cannabis.
Shalom is concerned that the police may force drivers without a warrant to give a blood test. He pointed out that under the current law, police can seek a warrant to obtain a blood test, which means there is judicial oversight.
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He said that the law forces police officers to seek the permission of a court before invading a person’s autonomy. “That’s both consistent with the Constitution, and consistent with our value that says, before the government sticks a needle into your arm, it better have a very good reason .”
Shalom stated that people of color are already treated differently by police. According to a study by Northeastern University, black and Latino drivers have disproportionately high numbers of traffic stops and are more likely than whites to be searched, even if the searches yield less evidence.
Bauchner is concerned that the behaviors police use to determine whether a driver is impaired are similar to those of nervous people: sweaty hands, avoiding eye-contact, sniffling and anxiety.
If you are an African American and you get pulled over by the law in this country, then you have these conditions. He said that it’s not because you are impaired but because you are a Black person being pulled over, and you fear for your life.
The original publication of this story was by New Jersey Monitor.
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The original Marijuana Moment article New Jersey bill would force drivers suspected of being high on marijuana to provide a blood sample to police.
