April 2

Michigan Declines to Establish Threshold THC Level to Prove Impaired Driving


“On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Bureau of Marijuana Regulation (BMR) is responsible for the oversight of medical and adult-use (recreational) marijuana in Michigan.”

Six states have set impaired driving thresholds of Delta 9 THC in blood, ranging from 1 to 5 ng/ml. Those states are Colorado, Montana, Nevada, Ohio, Pennsylvania, and Washington.

Michigan’s Impaired Driving Safety Commission, after study, declined to recommend that Michigan adopt any impairment threshold for Delta 9 THC because the commission determined that blood plasma concentrations of Delta 9 THC are not a reliable indicator of whether an individual is impaired.

“Therefore, because there is a poor correlation between Δ9-THC bodily content and driving impairment, the Commission recommends against the establishment of a threshold of Δ9-THC bodily content for determining driving impairment and instead recommends the use of a roadside sobriety test(s) to determine whether a driver is impaired.”

September 20

NHTSA Issues Report to Congress on Marijuana Impaired Driving

The National Highway Traffic Safety Administration issued a report to Congress in July 2017 about marijuana impaired driving. The report noted that studies have consistently found that the level of THC in the blood and the degree of impairment do not appear to be closely related. “While high levels of THC are detected in the blood (and oral fluid) during and right after smoking, they are not typically observed an hour or two later. In cases of traffic crashes or arrests for impaired driving, it is most likely that only relatively low levels of THC will be found by the time an oral fluid or blood sample is obtained. Low THC levels of a few nanograms per milliliter (ng/ml) in blood can result from relatively recent use (e.g., smoking within 1 – 3 hours) when some slight or even moderate impairment is likely to be present, or it can result from chronic use where no recent ingestion has occurred and no impairment is present.” Thus, there is a lack of clear correspondence between THC level in plasma and impairment. The peak THC level is reached soon after smoking ends, but peak performance deficits are observed long after the peak THC level occurs. The subjectively reported “high” also does not correspond well with blood plasma THC concentration. THC level in blood (or oral fluid) does not appear to be an accurate and reliable predictor of impairment from THC. Also, when low levels of THC are found in the blood, the presence of THC is not a reliable indicator of recent marijuana use.

The full report is available here.