As more states consider legalizing marijuana, legislators are grappling with how to deal with drugged driving. State laws on the issue vary widely, according to Jon Woodruff, Legislative Attorney with the National Alliance for Model State Drug Laws (NAMSDL).
“All states have an ‘under the influence’ law, which generally says a person may not operate a motor vehicle while under the influence of drugs or alcohol,” he said. In 28 states, “under the influence” is the only standard that applies to drugged driving. Twenty-two states, however, have more restrictive provisions that address driving after ingesting certain drugs.
Of these 22 states, 16 states have a “zero tolerance” approach to some drugs, meaning any amount found in a person’s blood or urine is considered illegal. The other six states list concentrations of one or more substances in blood or urine that are considered a violation of the law, regardless of whether the driver is impaired.