Police Magazine Logo
MenuMENU
SearchSEARCH

Legal Weed States Have Trouble Defining "High" Driving

It turns out, measuring a person's THC is actually a poor indicator of intoxication. Unlike alcohol, THC gets stored in your fat cells, and isn't water-soluble like alcohol, says Thomas Marcotte, co-director of The Center for Medicinal Cannabis Research at the University of California, San Diego.

September 7, 2016
Legal Weed States Have Trouble Defining "High" Driving

 

2 min to read


Embed from Getty Images


Colorado's marijuana DUI law is modeled on the one for alcohol, which sets a number to determine when someone is too intoxicated to drive. For pot, that number is five nanograms of THC per milliliter of blood. Anything above that and the law says you shouldn't be driving.

Ad Loading...

More states may come up with their own marijuana DUI guidelines. Voters in five states from California to Maine are deciding this November whether to legalize recreational marijuana. They're weighing the good, the bad and the still unknown. Issues like driving while stoned are still in the "unknown" category.

It turns out, measuring a person's THC is actually a poor indicator of intoxication. Unlike alcohol, THC gets stored in your fat cells, and isn't water-soluble like alcohol, says Thomas Marcotte, co-director of The Center for Medicinal Cannabis Research at the University of California, San Diego.

"Unlike alcohol, which has a generally linear relationship between the amount of alcohol you consume, your breath alcohol content and driving performance, the THC route of metabolism is very different," he explains.

That's why adapting drunk driving laws to marijuana makes for bad policy, says Mark Kleiman, a professor of public policy at New York University. "You can be positive for THC a week after the last time you used cannabis," he says. "Not subjectively impaired at all, not impaired at all by any objective measure, but still positive."

Still, Colorado and five other states have such laws on the books because pretty much everyone agrees that driving stoned can be dangerous, especially when combined with alcohol.

Ad Loading...

What cops really need is a simple roadside sobriety test. Scientists at UCSD are among researchers working on several apps that could measure how impaired one is behind the wheel. One has a person follow a square moving around a tablet screen with a finger, which measures something called "critical tracking." Another app measures time distortion, because things can slow way down when a person is high, NPR reports.

More Patrol

Graphic announcing $25 million in law enforcement grants and resources over a photo of the U.S. Department of Justice headquarters in Washington, D.C., with large blue-and-white headline text overlaying the building.
PatrolJuly 23, 2026

Justice Department Releases $25M in Law Enforcement Grants & Resources

The Office of Community Oriented Policing Services has just released $25 million in new grant Notices of Funding Opportunities (NOFOs) to support law enforcement. The recently released NOFOs include the Safer Outcomes: Enhancing Crisis Response Training for Law Enforcement Program and other grant programs.

Read More →
POLICE Topics, Tactics & Tips YouTube thumbnail asking, “What qualifies a device as rugged or fully rugged?” featuring a Panasonic Toughbook laptop on a dark street background.
Patrolby Wayne ParhamJuly 23, 2026

What Makes a Laptop Rugged or Fully Rugged?

What separates a rugged laptop from a fully rugged one? In this video, two Panasonic Connect experts explain the military testing, IP ratings, durability standards, and real-world features that help law enforcement officers rely on their computers in any environment.

Read More →
Leadership update graphic featuring Team Wendy President Vasilios Brachos standing in front of a display of protective helmets, with POLICE Law Enforcement Solutions branding and text announcing his appointment as company president.
PatrolJuly 22, 2026

Avon Technologies Appoints Vasilios Brachos as Team Wendy President

Longtime ballistic helmet leader Vasilios Brachos has been selected to guide the next chapter of protection, innovation, and growth at Team Wendy.

Read More →
Ad Loading...
BRINC fundraising announcement graphic featuring a response drone in flight, highlighting a $125 million funding round to expand 911 response drones for police and fire stations, led by Motorola Solutions Ventures with additional investors.
PatrolJuly 16, 2026

Brinc Raises $125M to Put a 911 Response Drone on Every Police and Fire Station Roof

The latest round of funding, $125 million, can help fuel Brinc’s mission to deploy 911-response drones at the 80,000 police and fire stations across the United States.

Read More →
POLICE Topics, Tactics & Tips video series graphic featuring a Garmont Tactical Contact Collection duty boot against a police vehicle with flashing lights. Includes “Watch Now” callout for the video series.
Patrolby Wayne ParhamJuly 9, 2026

Garmont Tactical Contact Collection: New Duty Boots for Law Enforcement

Choosing the right duty boot can make a significant difference during long shifts. In this video overview, Kyle Ferdyn, of Garmont Tactical, introduces the new Contact Collection, designed specifically for law enforcement professionals seeking comfort, traction, and durability.

Read More →
Benchmade Bailout folding knife with a bronze tanto blade, taiga green handle, and orange accents displayed open against a textured black background, highlighting its lightweight tactical design.
PatrolJuly 9, 2026

Benchmade Launches Taiga Green Bailout

Benchmade has launched its Taiga Green Bailout, which features an anodized aluminum handle, S90V stainless steel, and Burnt Copper hardware accents.

Read More →
Ad Loading...
Composite image of ADEPT's Nova Titanium tactical helmet, showing front and side views alongside a soldier wearing the helmet in the field, highlighting lightweight ballistic protection for military and tactical applications.
PatrolJuly 9, 2026

Adept Armor Launches the Nova Titanium Combat Helmet: A Metal Ballistic Helmet at Composite-Helmet Weight

Adept Armor said its new Nova Titanium combat helmet delivers rated 9mm protection at 920 grams all-in, low backface deformation, edge-to-edge coverage, and an indefinite shelf life at roughly a quarter the price of premium polyethylene helmets.

Read More →
Two healthcare professionals model 5.11 medical scrubs—one in gray and one in blue—against a blurred hospital background, highlighting the brand’s professional apparel for medical workers.
PatrolJuly 2, 2026

5.11 Expands Professional Services Line with Premium, Performance-Driven Scrubs Designed for Healthcare Professionals

The launch of high-performance medical scrubs marks another major expansion of 5.11’s growing Professional Services category, enabling hospitals and healthcare systems to outfit a wide range of roles.

Read More →
Close-up of a black SOG Seal FX knife featuring a commemorative 250th anniversary engraving on the blade, displayed on an American flag to honor the United States' semiquincentennial.
PatrolJuly 2, 2026

SOG Knives Unveils 250th Anniversary Limited Edition Fixed Blade

SOG Knives has debuted its 250th Anniversary Limited Edition SEAL FX Fixed Blade, and only 250 are available. It features an advanced 4.3-inch S35VN steel blade and a tough glass-reinforced nylon handle.

Read More →
Ad Loading...
Close-up of a slim black Streamlight Wedge SL flashlight resting on an olive tactical vest with a black-and-gray American flag patch, its LED illuminated to showcase the compact everyday carry design.
Patrolby Wayne ParhamJune 25, 2026

POLICE Product Test: Streamlight Wedge SL

The Streamlight Wedge SL is a high-performance light for inspection or administrative tasks that features USB-C charging and an output up to 500 lumens in a compact package.

Read More →