AAA stated this week that setting a blood test limit for marijuana is impossible, noting that six states where marijuana is now legal have laws that require blood tests for possibly impaired drivers. Those tests have questionable scientific validity and need to be overhauled
The problem with the tests is that it measures the amount of active THC — the main chemical in marijuana – that is in the blood, the maximum amount which is set by law in the six states. However, AAA states that one driver could have that amount in their blood and not be impaired ata all, while, another driver could be seriously impaired.
AAA noted that there is a strong desire by legislators and the public to create legal limits for the drug, just as we do with alcohol, but it is extremely difficult to do with marijuana. AAA states again that no amount of active THC is safe if you are going to drive.
“If you’ve had marijuana whether it’s medicinal or otherwise, don’t drive,” said AAA Chicago spokeswoman Beth Mosher, “It’s really that simple.”
AAA recently studied Washington, which was one of the first states to legalize the drug. It found that fatal wrecks involving driving that had used pot actually doubled.
AAA believes that the only way to determine if someone is too high to drive is by the officer at the scene conducting sobriety tests.
Given that more states are legalizing marijuana at least in some circumstances, the difficulty in measuring when someone is too high to drive is a major public safety concern, AAA concluded.
Our personal injury law firm has represented many grieving families in drunk and high driving crashes in Virginia and North Carolina. We have successfully sued convicted drunk drivers for large financial settlements. It is concerning to us that it is so difficult for scientific tests to determine when a person has had too much marijuana that they can safely drive. We implore state legislators to mandate that no amount of active THC in the blood is safe for driving.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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