Reminders about mixing marijuana and driving in Missouri and knowing the risks

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Impaired driving due to alcohol is one thing and being impaired under the use of marijuana is another. Just because marijuana was legalized in Missouri doesn't mean you can drive if you're high, or drive while getting high. Have you ever been sitting next to someone in traffic who was smoking cannabis causing you to avoid being around that car?

Recently, the Associated Press reported on the deaths of teenagers in its article: After crash that killed 6 teens, NTSB chief says people underestimate marijuana's impact on drivers. It was a reminder for parents to discuss marijuana use and driving with their teenage children.

In Missouri, a car can’t be searched by police officers just because they smell marijuana. However, the smell can be used as reasonable suspicion to conduct a DUI investigation. The officers look for swerving, speeding, or reckless driving when determining if impaired driving is involved. They can make an assessment of the driver’s condition.

Once marijuana was legalized, it obviously increased the risk of choosing to drive after consuming cannabis products. It stands to reason a cannabis user’s consumption can affect reaction time while driving, impair coordination, interfere with perception, and these three skills are important while driving.

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Marijuana use became legal in Missouri in the fall of 2022. It's noteworthy, however, to remember that Article 14 of the Missouri Constitution prohibits the use of marijuana while driving. This includes smoking it, vaping, and using edibles. The purpose is to prevent impaired driving while under the influence of marijuana.

Further, Article 14 doesn’t establish what specific THC limits or levels would signify impairment. Most of us know that 0.08% is the standard measure of impairment associated with alcohol in most states. Marijuana doesn’t have a corresponding standard. This can create a challenge for law enforcement when considering impairment behind the steering wheel.

According to the National Highway Traffic Safety Administration (NHTSA), the following states have zero-tolerance laws for one or more drugs while driving, including cannabis: Arizona, Delaware, Georgia, Indiana, Iowa, Michigan, Oklahoma, Rhode Island, South Dakota, Utah, and Wisconsin.

Interestingly, six states have specific per se limits for THC ranging from 1 to 5 ng/mL: Illinois, Ohio, Pennsylvania, Montana, Nevada, and Washington.

One State, Colorado, has a 'reasonable inference law' stating that if THC is detected in the blood at levels >5 ng/mL, it is reasonable to assume that the driver is impaired. (Source.)

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Impairment is a factor involved in vehicle crashes. That said, it's difficult to know how many traffic accidents occurred in Missouri in 2023 that were directly associated with the use of cannabis.

Just remember that even if you’re on the state’s medical-marijuana program, you’ll face the same DUI penalties if police detect ANY THC in your bloodstream. (Source.)

There isn't any legal limit of THC while driving in Missouri. Some police officers in Missouri are trained to recognize the signs of drug impairment. They’re called Drug Recognition Experts (DREs). As of 2022, there were 154 DREs in Missouri. They know what to check for to determine the category of drugs being used.

Detecting THC impairment isn't as easy as detecting alcohol impairment. There isn't a THC breathalyzer. A couple of years ago, The Harvard Gazette published an article discussing the need for a "portable brain imaging procedure that can distinguish between impairment and mild intoxication from THC."

Driving under the influence of cannabis is a serious issue. In Missouri or any state, it’s important to educate children on the dangers of combining cannabis with the operation of a vehicle.

There are discussions and debates about marijuana-impaired driving as well as what happens when a driver mixes marijuana and alcohol.

In October 2023, The Journalist's Resource published Driving under the influence of marijuana: An explainer and research roundup. Visit here to read it in its entirety. This article offers information to ponder and consider.

If a person chooses to drive under the influence of cannabis, this increases the risk of accidents and puts the driver and any passengers on the road in jeopardy. Parents and educators should instill this awareness early on to help prevent future tragedies and keep roads safe for everyone.

Thanks for reading.