Drug-impaired driving is a growing problem in the U.S., and the laws are complex and vary by state. More than 400 drugs tracked by the National Highway Traffic Safety Association (NHTSA) can cause impairment, and each has a different impact on every user.
According to information from the Governor’s Highway Safety Association, more than half (56%) of people injured or killed in crashes on U.S. roads tested positive for alcohol and/or drugs in toxicology screening. In a study of trauma centers between 2019 and 2021, people were most likely to test positive for cannabis (25%), followed by alcohol (23%), stimulants (11%), and opioids (9%). A shocking 20% had two or more categories of drugs in their system.
The landscape around cannabis is changing rapidly regarding the legality, prevalence, and social norms about its use. Even as more people become familiar with cannabis and as calls for national legalization grow, a significant disconnect remains between people’s views on its use and safe driving. There is a critical need for more effective public outreach and education.
A 2023 AAA Foundation for Traffic Safety survey found that 94% of people say driving while over the legal blood alcohol concentration (BAC) limit is very or extremely dangerous. However, only 70% believe it is dangerous to drive within an hour of consuming cannabis. Some people even think that cannabis use improves their driving. Research confirms that cannabis directly affects the parts of the brain responsible for attention, decision-making, coordination, and reaction time, all of which are critical for safe driving.
Unfortunately, New York State does not have a “per se” limit for cannabis impairment while driving. A per se limit, such as the 0.08% blood-alcohol concentration (BAC) for alcohol, establishes automatic impairment at a certain level. For cannabis, there is no legally established equivalent threshold. Instead, police officers rely on other factors to charge a driver with Driving While Ability Impaired by Drugs (DWAI-Drugs).
Currently, officers determine if a driver’s ability is impaired “to any extent” by observing signs of drug use. This can include erratic driving, bloodshot eyes, slurred speech, or poor performance on field sobriety tests. Specially trained officers called DREs can evaluate a driver for signs of drug-induced impairment.
Blood, saliva, or urine tests are used to detect the presence of THC, the psychoactive compound in cannabis. States, including New York, could provide grants to fund roadside saliva tests for drug detection to all law enforcement agencies in conjunction with a per-se limit. This would make detection and enforcement efforts easier, while establishing concrete guidelines for cannabis users to follow.
Even though recreational cannabis is legal in New York for adults 21 and older, driving while impaired is strictly prohibited.
Legalizing cannabis directly impacts the number of crashes and thus fatalities statewide, making it an epidemic that needs attention.