Government-funded research is raising serious concerns about how cannabis driving laws are being enforced in the United States. According to a new scientific study, many cannabis users are being arrested, charged, and even jailed for driving under the influence despite showing no real signs of being impaired. The research suggests that current DUI laws related to marijuana are not based on sound science and are unfairly punishing innocent people.
In almost 20 U.S. states, lawmakers use what are known as per se or zero-tolerance THC laws. These laws set a fixed amount of THC in the blood that automatically labels a driver as impaired. This system was copied from alcohol laws, where blood alcohol levels are a reliable way to measure intoxication. However, the study shows that cannabis does not work the same way as alcohol in the human body.
THC, the main psychoactive compound in cannabis, behaves very differently from alcohol. Alcohol usually leaves the body within one or two days. THC, on the other hand, can stay in the bloodstream for days or even weeks, especially in regular users. This means a person can test positive for THC long after the effects of cannabis have completely worn off.
To understand this better, researchers studied 190 heavy cannabis users. The participants were asked to stop using cannabis for 48 hours. After this period, their blood THC levels were tested, and they were also observed using a driving simulator. The results showed that many participants still had THC levels above legal limits even though they showed no signs of poor driving or impairment.
The study found no clear link between the amount of THC in a person’s blood and their ability to drive safely. This matches earlier research that also showed weak or inconsistent connections between THC levels and crash risk. While cannabis use may slightly increase the risk of accidents, that risk is much lower than the risk linked to alcohol use.
Medical and laboratory experts have criticized current cannabis DUI laws, saying they lack scientific credibility. They warn that relying only on blood THC levels can lead to innocent people being jailed even when they are sober and driving safely.
The researchers conclude that better methods are needed to identify truly impaired drivers. Instead of depending only on blood tests, they recommend combining roadside observations with toxicology testing. Overall, the National Institutes of Health-funded study highlights a serious flaw in existing cannabis DUI laws and calls for reforms that protect public safety without criminalizing people unfairly.
As drug laws around the country evolve, a bigger task will be to roll back many of the prohibitionist perceptions that show up in different aspects, such as laws that regard traces of THC in blood as proof of intoxication. When these vestiges of prohibition are identified and addressed, the industry and its ecosystem players like Innovative Industrial Properties Inc. (NYSE: IIPR) will move a step closer to truly thriving.
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