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

Team Wendy EXFIL Endurance ballistic helmet in olive green with tactical rails and chin strap, displayed alongside the Team Wendy logo and product headline against a textured black-and-gray background.
Patrol•October 23, 2026

Team Wendy Introduces the EXFIL Endurance Ballistic Helmet, Engineered to Reduce the Burden of Extended Wear

Team Wendy has launched its EXFIL Endurance, a new lightweight ballistic helmet engineered to deliver protection, comfort, and fit during demanding, extended operations.

Read More →
Collage featuring paramedics, firefighters, police officers, and emergency vehicles surrounding the First Responders Children’s Foundation logo, highlighting the organization’s support for families of first responders.
Patrol•October 22, 2026

The First Responders Children’s Foundation National First Responders Day Roll Call of Heroes Ceremony Returns to Times Square, NYC

First Responders Children’s Foundation (FRCF), in collaboration with T-Mobile, will host the Roll Call of Heroes ceremony in Times Square to commemorate National First Responders Day on Wednesday, Oct. 28. During the event, FRCF will present 18 Hero Awards.

Read More →
Streamlight promotional graphic showcasing four lighting products: TLR-3X, PolyTac 1X, ProTac Rail Mount 1L-X, and ProTac Rail Mount VIR Pro, displayed against an orange and black background with the Streamlight logo.
Patrol•October 22, 2026

Streamlight to Showcase Newest Lighting Products for Law Enforcement Professionals at IACP 2026

Streamlight will showcase its newest lights for law enforcement at the International Association of Chiefs of Police Annual Conference & Expo. Featured lights will include the TLR-3 X, the PolyTac 1X, and more.

Read More →
Ad Loading...
Streamlight Portable Scene Light III featuring a tripod-mounted LED work light and close-up product view, with a badge recognizing it as the 2026 OH&S New Product of the Year winner.
Patrol•October 15, 2026

Streamlight Portable Scene Light III Wins 2026 OH&S New Product of the Year Award

Streamlight’s Portable Scene Light III has won the 2026 Occupational Health & Safety (OH&S) New Product of the Year Award in the Lighting category.

Read More →
Hands insert an Adept Armor protective plate into a camouflage tactical plate carrier, demonstrating how the armor plate fits inside the vest.
Patrol•September 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.
Patrol•by Wayne Parham•September 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 →
Ad Loading...
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.
Patrol•September 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 →
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.
Patrol•September 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.
Patrol•September 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 →
Ad Loading...
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.
Patrol•September 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 →