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

Hands insert an Adept Armor protective plate into a camouflage tactical plate carrier, demonstrating how the armor plate fits inside the vest.
PatrolSeptember 17, 2026

Adept Armor Introduces Two New Rifle Plates

Adept Armor has launched two new Level IV ballistic plates, the Emperor and the Archon Mark 2, which brings Adept Armor’s new Quatroid ceramic to the high-threat, performance-value center of the range at 5.2 pounds.

Read More →
Open Benchmade folding knife with a bronze-colored blade, textured dark handle, and braided lanyard resting on weathered wooden boards.
Patrolby Wayne ParhamSeptember 17, 2026

POLICE Product Test: Benchmade Bailout

The Benchmade Bailout is a slim, lightweight carry knife with a deep-ride pocket clip and comes in a variety of blade steels and scales. Here is a detailed review of the Taiga Green Bailout, released earlier this year.

Read More →
Officer of the Month graphic honoring Deputy Lorne Juday of the Osceola County, Michigan, Sheriff’s Office for July 2026, featuring a portrait of Juday in uniform.
PatrolSeptember 17, 2026

NLEOMF Announces July 2026 Officer of the Month

NLEOMF honored a Michigan deputy sheriff as the July 2026 Officer of the Month for rescuing a trapped driver from a burning vehicle following a Fourth of July crash.

Read More →
Ad Loading...
Streamlight promotional graphic featuring the LiteBox 1 Million handheld light and Portable Scene Light III, highlighting products displayed for the 2026 National Safety Council Safety Congress & Expo in Indianapolis, Sept. 14–16.
PatrolSeptember 10, 2026

Streamlight to Showcase Newest Lighting Products at National Safety Council’s Safety Congress & Expo 2026

Streamlight will showcase its latest lights, including the Portable Scene Light III and the LiteBox 1Million, at the 2026 National Safety Council (NSC) Safety Congress & Expo.

Read More →
Graphic promoting the 2027 World Police & Fire Games in Perth, Australia, featuring an aerial city view and photos of international participants carrying Brazilian and Australian flags.
PatrolSeptember 10, 2026

The 2027 World Police & Fire Games Set for Perth, Australia

The 2027 World Police & Fire Games (WPFG) will take place in Perth, Western Australia, from Friday, March 12 through Sunday, March 21, 2027.

Read More →
New York City skyline at night with the Tribute in Light beams illuminating the sky in remembrance of September 11, with the 5.11 logo in the upper left.
PatrolSeptember 10, 2026

5.11 Partners with National Fallen Firefighters Foundation to Support #ForThe343

5.11 has joined the nationwide movement honoring the 343 New York City Fire Department firefighters lost on Sept. 11, 2001.

Read More →
Ad Loading...
Team Wendy graphic announcing sponsorship of the Jorge Pastore Foundation, featuring a black-and-white photo of Austin Police Officer Jorge Pastore, whose end of watch was November 11, 2023.
PatrolAugust 27, 2026

Team Wendy Announces Title Sponsorship of the Jorge Pastore Foundation

Team Wendy’s 3-year partnership with the Jorge Pastore Foundation expands access to programs that strengthen those who serve.

Read More →
National Law Enforcement Officers Memorial Fund graphic for the 2026 9/11 commemoration ceremony beside a close-up of a police officer’s badge, with blurred emergency lights in the background.
PatrolAugust 27, 2026

National Law Enforcement Memorial and Museum Hosting 9/11 25th-Year Commemoration Ceremony

The National Law Enforcement Memorial and Museum is hosting a 9/11 25th Year Commemoration Ceremony on Sept. 11 at 4 p.m.

Read More →
Officer of the Month graphic for June 2026 honoring officers of the Chico, California, Police Department, featuring the department’s police badge and a rose emblem.
PatrolAugust 20, 2026

National Law Enforcement Officers Memorial Fund Announces June 2026 Officers of the Month

The National Law Enforcement Officers Memorial Fund (NLEOMF) named 15 officers of the Chico Police Department (California) as the Officers of the Month for June 2026 for their roles in responding to an active-shooter incident at a public library.

Read More →
Ad Loading...
Three smartphone screens display the Team Wendy community app, featuring tactical gear content, upcoming events, news, surveys, and navigation tools for warranty, sizing, and user profiles.
PatrolAugust 13, 2026

Team Wendy App Creates New Digital Hub for Helmet Owners

The Team Wendy Community App provides one location for warranty registration, size-fit tools, product updates, and community connection. For helmet owners, the new app creates a simpler path to the information and tools that matter most.

Read More →