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NEW JERSEY BILL WOULD FORCE DRIVERS SUSPECTED OF BEING HIGH ON MARIJUANA TO
PROVIDE A BLOOD SAMPLE TO POLICE
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POLITICS
NEW JERSEY BILL WOULD FORCE DRIVERS SUSPECTED OF BEING HIGH ON MARIJUANA TO
PROVIDE A BLOOD SAMPLE TO POLICE
Published
1 day ago
on
March 1, 2024
By
Marijuana Moment
“These piecemeal approaches are only going to cause a lot of victimization,
frankly, for those who are falsely accused.”
By Sophie Nieto-Munoz, New Jersey Monitor
Cannabis experts are concerned about a lawmaker’s attempt to require motorists
suspected of driving under the influence of marijuana to provide a blood sample
to police.
States That Legalized Marijuana See Massive Reduction in Tobacco Use
States That Legalized Marijuana See Massive Reduction in Tobacco Use
Legalizing marijuana has had a major impact in tobacco consumption. Despite what
many experts thought, a new study published in the Journal of Health Economics
concluded that state-level cannabis reforms are mostly associated with “small,
occasionally significant longer-run declines in adult tobacco use.” Veuer’s
Maria Mercedes Galuppo has the story.
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Critics of the recently introduced bill say it would not only give police more
power that would likely be wielded disproportionately against people of color,
but they also argue the testing methods called for in the bill don’t even work.
Joshua Bachner, a cannabis attorney at law firm Mandelbaum Barrett, criticized
the move as an example of government overreach.
“The state should develop—and there’s many of us in the state happy to
coordinate with them—a comprehensive, reliable method for determining
impairment,” he said. “But these piecemeal approaches are only going to cause a
lot of victimization, frankly, for those who are falsely accused.”
Under current law, anyone in New Jersey who drives is consenting to provide a
breath sample if police believe they are driving drunk—it’s called “implied
consent.” The new bill would expand that to include a blood test and apply to
any narcotic, hallucinogenic or other drug. Someone would be deemed under the
influence of marijuana if they test positive for 3 nanograms or more of THC—the
chemical that gets cannabis users high.
The push to expand implied consent laws to apply to drivers suspected of
marijuana use comes two years after New Jersey’s recreational marijuana market
launched, and as legal cannabis becomes more prevalent nationwide.
The National Highway Traffic Safety Administration called the growing issue of
drug-impaired driving a “major highway safety issue.” From 2007 to 2014, there
was a 48 percent increase in drivers testing positive for THC, according to a
NHTSA study.
Bill sponsor Sen. Shirley Turner (D-Mercer) did not respond to a request for
comment. Turner introduced a similar bill in the last legislative session but it
never reached a committee vote.
Bauchner pointed to a report from the National Library of Medicine that he says
debunks the suggested method for testing laid out in the bill. The study also
says people’s response to amounts of cannabis can change depending on their
tolerance.
The handful of states with marijuana-impaired driving limits allow for varying
ranges of THC amounts in a driver’s system. Nevada and Ohio allow for 2
nanograms, while Illinois and Washington allow for 5 nanograms. According to
the National Conference of State Legislatures, there is no national standard for
drugged driving, unlike the nationally recognized alcohol impairment level of
.08 blood alcohol concentration. New Jersey currently has no THC limit in place
for drivers.
There’s no proven way to test whether someone is high from marijuana at the
moment. Unlike alcohol, which breaks down in someone’s bloodstream over hours,
cannabis can remain in someone’s system for over 45 days. Bauchner said that’s
another problem with the bill.
“This isn’t based on science, this is based on guesswork,” he said.
Alex Shalom, an attorney with the American Civil Liberties Union of New Jersey,
said it’s fair for the state to look for new ways to tackle impaired driving,
but he echoed worries that the bill could result in people who are not impaired
being arrested. He also wondered whether there is established science to
determine when someone is impaired by cannabis.
“We need a process where we rigorously figure out what the right level is to
determine if people are impaired, and I’m not sure we’ve done that yet in New
Jersey,” he said.
One of Shalom’s largest concerns about the bill is that police could improperly
force drivers to provide a blood sample without a warrant. He noted that cops
can, under current law, seek a warrant for a blood sample, meaning there is
judicial oversight involved.
—
Marijuana Moment is tracking more than 1,000 cannabis, psychedelics and drug
policy bills in state legislatures and Congress this year. Patreon supporters
pledging at least $25/month get access to our interactive maps, charts and
hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to
get access.
—
“It forces the police to have to get the approval of a judge before they invade
a person’s bodily autonomy,” he said. “That is both consistent with the
Constitution and consistent with our values that say, before the government can
stick a needle in your arm, they better have an awfully good reason.”
People of color already face disparate treatment from police, Shalom said. Black
and Latino drivers are overrepresented in traffic stops, and are more likely to
be searched than their white counterparts, even though the searches are less
likely to result in evidence, according to a Northeastern University study into
New Jersey State Police stops.
Bauchner worries the behaviors police look for to gauge whether someone is an
impaired driver are the same as those of a nervous person: sweaty palms,
avoiding eye contact, sniffling, anxiety and increased heart rate.
“If you’re an African American person getting pulled over by law enforcement in
this country, you are manifesting those conditions. Not because you’re impaired,
but because you’re a Black person getting pulled over and you’re afraid for your
life,” he said.
This story was first published by New Jersey Monitor.
> Police Union Asks Court To Dismiss Jersey City’s Lawsuit Over Testing Cops For
> Marijuana, Calling It ‘Pure Hogwash’
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pledge.
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