With the announcement by the Justice Department this month that the federal government will not use federal law to trump state laws legalizing medical marijuana and recreational marijuana in small quantities, states may focus more on drugged driving.\u00a0 Drugged driving cases traditionally have been more difficult for law enforcement and prosecutors to prove because the government must actually establish that the driver\u2019s physical or mental driving ability was impaired.<\/p>\n
Although DUI cases involving alcohol may also be based on actual evidence of impaired driving, Kansas law also permits someone to be convicted of DUI on a \u201cper se\u201d basis with a blood alcohol concentration (BAC) of .08 percent or higher.\u00a0 This means that even if someone drives perfectly, the individual may be convicted of DUI if his or BAC reaches this threshold.\u00a0 Per se DUI laws involving intoxicated drivers make it much easier for law enforcement to obtain criminal convictions in cases involving drunk driving as opposed to drugged driving.<\/p>\n
Until recently states did not use per se laws for illicit drugs or prescription drugs because the metabolites for these drugs can appear in drug tests for days, weeks and even months after being ingested.\u00a0 Because the legalization of marijuana may mean that pot use becomes more prevalent, some contend that DUI laws involving drugs and enforcement for DUI drugs cases must be made more effective.<\/p>\n
This push to strengthen DUI drugs laws and enforcement may lead Kansas and other states to adopt \u201cper se\u201d DUI drugs laws like a number of existing states have already done.\u00a0 There are a number of reasons that DUI laws involving marijuana based on a certain threshold of metabolites in a driver\u2019s blood pose a questionable policy option.\u00a0 Because the metabolite of cannabis may appear in a drug test for up to thirty days after ingesting or smoking the substance, drivers will face DUI convictions even if they are not the slightest bit impaired.\u00a0 The function of DUI policy is to discourage dangerous driving practices that can result in severe injury, property damage and wrongful death.\u00a0 The metabolites of cannabis may appear in a DUI drug test for up to thirty days after the drug is used.\u00a0 Therefore, this type of law essentially makes it impossible for drivers who use drugs like marijuana to drive at all without the risk of a DUI conviction.<\/p>\n
The drivers who would be treated most unfairly by such a result would be visitors from other states where medical marijuana and\/or recreational marijuana are legal.\u00a0 These drivers could essentially be convicted for DUI for engaging in lawful activity.\u00a0 Further, Kansas residents would be placed in similar peril if our state passes a medical marijuana law.<\/p>\n