What will we do with the Stoned Drivers

11 thoughts on “What will we do with the Stoned Drivers”

1. Field sobriety tests are subjective anyway. The most scientific aspect is horizontal gaze nystagmus and that’s only accurate about 77% of the time (http://www.ndaa.org/pdf/sci_law2.pdf ). Accuracy jumps to about 80% when combined with other tests (same source). The real purpose of the field sobriety test is to establish just cause for objective testing. Under most circumstance the driver has already exhibited some unsafe driving practice prior to the administration of the field sobriety test. In most cases the police officer’s testimony is the most damning evidence. If the officer says he saw the car being driven in an unsafe manner, smelled marijuana when he pulled the car over, and the driver was acting impaired when asked to perform basic functions then most juries are going to go with it.
   Most states already make submission to the Breathalyzer test a condition of licensing. I think it would make sense to write similar laws concerning urine testing. The problem there is that urine testing is much more expensive, however costs could be covered by punitive fines for individuals proven to be guilty of driving while impaired by drugs detected by urine testing. We’d need to establish a cut off for low levels similar to those used for alcohol, but that shouldn’t be too hard. Many studies to that effect have already been done by respectable agencies.
   (http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2722956/ starting at paragraph 3)
   Otherwise, if someone isn’t driving in an unsafe manner, what difference does it make? The government’s role is increasing public safety not persecuting life choices. If you’re driving unsafely than it really doesn’t matter why

2. Field sobriety tests are for proprioception and balance and a bad stoned marijuana driver with a little adrenaline surge from being stopped can often do the field sobriety except for red eyes, even if they’ve been stopped for bad driving or suspicious driving. Bad judgement when one is stoned on MJ is not the subject of the field sobriety test.

3. good points mr. g.
   red eyes somewhat, somnolent, slow reaction conduct. However no real balance or coordination difficulties that are diagnostic or indicative. Not an easy field sobriety test.
   Adrenalin can overcome any physical impairments–balance, coordination, so bad drivers become able to perform well when stopped.
   I checked with law enforcement people who know these things, they confirmed my physician opinion about field sobriety tests.

4. The problem is one of degree. How do you know if someone is impaired from the use of cannibus? Blood tests will not work because each individual can processes thc at different rates, or is stored in the body at different levels. There is no consistent way to determine if someone is impared or not from the level of the drug present in the system. Any other test is subjective and is as accurate as an Al Gore weather prediction. Adequate controls over thc imparement is a practical impossibility that we have only begun to appreciate the consequences of.

5. Yes, pot is a sacred cow and will not be treated the same as other intoxicants until it becomes an outrage.

6. I agree with your comment: “I say treat stoned drivers the same as drunk drivers or texting drivers…”
   Something tells me this won’t happen,

7. Excuse me for pointing out the obvious here, but if field sobriety tests aren’t effective, wouldn’t that mean that there is no detectable impairment? Meaning, if you can’t even tell if someone is driving erratically, then what exactly is the problem here?
   Unless the goal isn’t really safer roads at all, but merely a back door way to continue locking people in cages for possession of a plant.

8. thanks for the note bwanajohn took care of the oversight, link to an Illinois paper. put it in the post and my reply to your comment.

9. bwana, thanks for the note. Sticky mouse.
   http://muscatinejournal.com/news/state-and-regional/illinois/call-for-new-driving-rules-after-medical-pot-law/article_2f513162-7548-51d7-94aa-63ff5df9a379.html
   redid the post with the proper link. Illinois considering pot driving but i don’t think field sobriety tests are going to be as discerning as they are with alcohol.

10. What do we do with drivers under the influence of over the counter cold medicine or antihistamines? I say treat stoned drivers the same as drunk drivers or texting drivers, or, better yet, treat them the same way the state treated them before legalization. I don’t know of any state that doesn’t already have laws and policies in place. The question of road safety is a red herring. It seems as though the prohibitionists are becoming increasingly desperate to come up with a significant down side to legalization.

11. Hey Doc,
    Your link doesn’t have anything to do with doped drivers. It is the same as the heroin link in the previous post.