Currently, a person cannot drive after drinking if they have a blood alcohol content of .08 or over. Right now, there is no “legal limit” for marijuana.
For the last year or so, the Michigan Impaired Driving Safety Commission has researched whether the law should have a legal limit for marijuana.
The Commission declined to create a legal limit for marijuana.
This means to be in trouble for driving under the influence of marijuana, a person must actually be impaired from the marijuana. A person cannot be in trouble for simply driving with marijuana in their system, regardless of the amount.
Why Won’t There Be a Legal Limit?
The Commission gave two reasons why it declined to create a legal limit.
First, marijuana affects each person differently. More frequent users develop a tolerance to marijuana. This means a frequent user can use a greater amount of marijuana but not be as effected by the marijuana as a non-user. It’s difficult to say that a certain amount of marijuana equals impairment for a user when all users are different.
Second, marijuana leaves the system very fast. Marijuana may be out of a person’s system by the time the person gives a blood test. In addition, frequent users retain THC in their system longer than non-regular users. A blood test can falsely conclude a person is impaired by marijuana.
What Do Other States Do?
Other states chose to create per se amounts of marijuana.
- Colorado – 5ng
- Montana – 5ng
- Nevada – 2ng
- Ohio – 2ng
- Pennsylvania – 1ng
- Washington – 5ng
In these states, a driver with an amount of marijuana in their system over these amounts is presumed to be legally intoxicated. A driver under the amount is not assumed to be intoxicated, but could still be impaired.
Sam Bernstein is an Ann Arbor DUI Attorney.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.
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Looking Toward the Future
Marijuana is now legal in Michigan. Some fear an increase in drivers impaired or intoxicated by marijuana. Whether the fear is real or not, ArborYpsi Law stays current on the marijuana laws. The laws on operating while intoxicated are complicated and are strict on drivers. ArborYpsi Law studies the law and science to bring you the best results.
Have you been arrested for a drinking and driving or drugged driving offense? The last thing you want to do is walk into court and plead guilty. A DUI conviction is a conviction that will always be on your record. It’s important to study the case for potential challenges. We will do that for you and challenge the case wherever possible. Call us for more information. Keep an eye out for future articles on marijuana and driving to learn more on this rapidly developing area of the law.