Alcohol has been a known culprit for impaired driving for decades.[3]<\/a> However, researchers have recently found that marijuana has also become a major culprit for impaired driving.[4]<\/a> From 2000 to 2018, the percentage of crash deaths involving marijuana have increased from 9% to 21.5%.[5]<\/a> A 2017 Colorado survey found that 70% of cannabis consumers drove under the influence of marijuana at least once within the last year, while 27% of consumers reported to drive high almost daily.[6]<\/a> Perhaps one of the reasons marijuana related fatal car crashes are on the rise is because most marijuana tests can \u201c\u2026not distinguish between past use and acute intoxication,\u201d[7]<\/a> making it difficult for law enforcement to crack down on high driving.<\/p>\n In Virginia, the police may arrest someone for a DUI if they suspect the person is driving under the influence of marijuana.[8]<\/a> Since Virginia does not have an acute intoxication detection technology, blood tests are needed to detect THC.[9]<\/a> However, these blood tests cannot pinpoint when the driver last smoked or ingested marijuana as THC can remain detectable for up to several weeks after ingestion. In order to convict a driver for driving under the influence of marijuana, the courts will need to rely on an officer\u2019s perception of an individual in conjunction with the blood test[10]<\/a>, which may prove problematic. Juries may not be willing to convict for a marijuana related DUI if it cannot be proven that the driver had ingested marijuana just prior to arrest.<\/p>\n Some companies have attempted to create acute intoxication technologies, or in other words, a marijuana breathalyzer.[11]<\/a> A California based company, Hound Labs Inc., and a Canadian Company, Cannabix Technologies Inc., have reported to have invented functional marijuana breathalyzers.[12]<\/a> These breathalyzers allegedly can detect THC on an individual\u2019s breath.[13]<\/a> Hound Labs Inc.\u2019s technology can only pick up THC during the \u201cpeak window of impairment\u201d or approximately 1 to 2 hours after ingestion.[14]<\/a><\/p>\n So, if the technology is out there why isn\u2019t law enforcement using it? Perhaps one of the largest hurdles this technology has yet to clear is passing a legal standard.[15]<\/a> In Virginia, the legal driving limit for alcohol is 0.08%. State governments would have to conduct research to find the safe legal limit for marijuana if they do not wish to implement zero tolerance laws. This would likely prove costly. The marijuana breathalyzers may be quite costly themselves, with one California police department reporting they would have to pay $1,000 per breathalyzer.[16]<\/a> It is also possible that the Covid-19 Pandemic has left state and local governments with fewer resources, making obtaining marijuana breathalyzers a lower priority. As of present, it is unclear whether marijuana breathalyzers will be utilized by law enforcement any time soon.<\/p>\n <\/p>\n [1]<\/a> Map of Marijuana Legality By State<\/em>, DISA, https:\/\/disa.com\/map-of-marijuana-legality-by-state (last updated Jan. 2022).<\/p>\n [2]<\/a> Id. <\/em><\/p>\n [3]<\/a> Jessica Colarossi & Jazmin Holdway, Deadly Car Accidents Involving Cannabis and Alcohol Have Doubled in 20 Years<\/em>, Boston Univ. (Dec. 16, 2021), https:\/\/www.bu.edu\/articles\/2021\/deadly-car-accidents-involving-cannabis-and-alcohol-have-doubled\/<\/a>.<\/p>\n [4]<\/a> See id. <\/em><\/p>\n [5]<\/a> Id.<\/em><\/p>\n [6]<\/a> Lilly Price, Marijuana Breathalyzer Aims to Detect High Drivers \u2018without unjustly accussing\u2019<\/em>, Usa Today (Aug. 7, 2018), https:\/\/www.usatoday.com\/story\/news\/nation-now\/2018\/08\/07\/pot-breathalyzers-hound-labs-marijuana\/912705002\/<\/a>.<\/p>\n [7]<\/a> Colarossi, supra <\/em>note 3.<\/p>\n [8]<\/a> Understanding Virginia Marijuana DUI Charges \u2013 How Do They Prove It?<\/em>, Randall, Page, & Bruch, PC (July 29, 2020), https:\/\/www.randallpagelaw.com\/news\/article\/understanding-virginia-marijuana-dui-charges-how-do-they-prove-it<\/a>.<\/p>\n [9]<\/a> Id.<\/em><\/p>\n [10]<\/a> See id. <\/em><\/p>\n [11]<\/a> Price, supra <\/em>note 6.<\/p>\n [12]<\/a> See id.<\/em><\/p>\n [13]<\/a> See id.<\/em><\/p>\n [14]<\/a> Id.<\/em><\/p>\n [15]<\/a> See, e.g.<\/em>, Despite New Technology, Some Police Officers Do Not Use Marijuana Breathalyzers<\/em>, Your Central Valley (Oct. 16, 2019), https:\/\/www.yourcentralvalley.com\/news\/local-news\/despite-new-technology-some-police-officers-do-not-use-marijuana-breathalyzers-2\/<\/a>.<\/p>\n
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