Molly Delaney, Class of 2022
The recreational use of marijuana by adults age 21 and older was legalized in California on January 1, 2018. Meanwhile, recreational marijuana has been legal in Colorado as of 2012 (Monte, 2015). Legalization urges the vital question of how states will regulate driving under the influence of marijuana. Colorado’s law regarding driving a vehicle under the influence of marijuana is titled “Permissible Inference.” This law states that if you have five nanograms of Tetrahydrocannabinol (THC), the main psychoactive component in marijuana products, in your blood while driving, then it can be assumed that you are driving under the influence of marijuana. Washington, another legalized state, has a similar law with a maximum limit of five nanograms of THC, but with slightly stricter modifications. If you have five nanograms of THC in your blood within two of hours driving a vehicle, the law still applies to you, unlike in Colorado where it only applies when you are driving (Lyons, 2017). California’s laws, on the other hand, dramatically diverge from those of Washington and Colorado. In California, the only stipulation in regards to driving under the influence of marijuana is that you cannot be impaired, which is a remarkably very vague restriction (Lessem, 2018). With these looser regulations, driving under the influence of marijuana in California takes on an ethical dimension with many layers of complications.
It can be difficult to identify if a person is truly impaired by marijuana because its effects are so varied. Generally, marijuana has “both therapeutic effects and harmful effects” (“Marijuana and Cannabinoids”, 2018). Some therapeutic effects include pain relief and relaxation, but the harmful effects may include panic or hallucinations (“What are marijuana effects?”, 2018). Both the harmful and therapeutic effects can impair one’s operation of a vehicle. For example, if too relaxed, alertness may be compromised. Also, with major anxiety or panic, a driver might drive too slow or even too fast. Hallucinations may cause a driver to dangerously swerve as well. This poses an ethical choice Californians must make when deciding to drive under the influence of marijuana, self-judging how impaired one is and the risk we put ourselves, our passengers, and others on the road at. Without a well-defined law in California, the choice is ultimately up to the citizen.
One of the biggest ethical considerations to make is to account for those that use marijuana to medicate throughout the day to treat serious medical conditions, such as chronic pain, epilepsy, and AIDS. The ethical dilemma at hand is how to fairly determine if someone’s marijuana use causes impairment to ensure public safety and how we generate a universal limit on THC levels without discriminating against those that use marijuana to medicate. Unlike with alcohol, where we have we have a .08 BAC threshold, it is difficult to confirm that a driver is under the influence of marijuana even at a specific THC level since the compounds affect everyone differently, not to mention the individuals that have acquired a tolerance. These discrepancies only exacerbate the issue at hand.
Marijuana’s medicinal properties emerge due to tetrahydrocannabinol (THC) and cannabidiol (CBD). THC is often used to “decrease pain, inflammation (swelling and redness), and muscle control problems (“Marijuana As Medicine”, 2018). CBD also aids in “reducing pain and inflammation, controlling epileptic seizures, and possibly even treating mental illness and addictions” (“Marijuana as Medicine”, 2018). CBD in particular does not intoxicate the user and make them “high” which is why it is frequently used medicinally. Medical marijuana has several health benefits that will allow the user to live a normal and functional life, which is a basic civil right. So, this must be kept in mind when creating legislation on marijuana and driving. However, it is important to note the abuse of medical marijuana that has increased with its legalization in many states. Illegal use and abuse of marijuana has “rose from 4.5 percent to 6.7 percent” (“Medical Marijuana and Drug Abuse”). But, this stain should not inhibit those who properly use for medicinal purposes. This further convolutes the ethical issue of marijuana usage and driving.
Since legalization in many states across the United States, the percentage of drivers pulled over every year for marijuana usage has increased from 8.6% to 12.6% according to a study by the National Highway Traffic Safety Administration (NHTSA). Studies also show that there is a small, but quantifiable, positive correlation between marijuana legalization and vehicle accidents, which suggests that we need more effective laws in place that regulate marijuana usage and driving (“Does Marijuana Increase the Risk of Vehicle Crashes?”). However, another ethical consideration to make is the role of race in arrests for marijuana usage, since 46.9% of people arrested for drug law violations are black or latino despite similar usage across all racial groups (“Drug War Statistics”). There may be inherent prejudice that clouds the judgement during investigations into whether or not a person is impaired behind the wheel. Medical status and race both complicate the picture of impairment.
More research must be done in order to prevent the staggering numbers of vehicular accidents due to marijuana. This ethical responsibility is placed on the marijuana industry, law enforcement and medical research institutes. Instead of having a medically-backed universal limit for the amount of THC in your system, the AAA Foundation for Traffic Safety calls for more research of obvious indicators of marijuana impairment, similar to a field sobriety test (“Does Marijuana Increase the Risk of Vehicle Crashes?”). Thankfully, more research is being done on the effects of marijuana. For example, the UCSF School of Medicine has undergone many studies and experiments regarding the effects of marijuana on movement disorders (“Center for Medicinal Cannabis Research, 2018). With more research being done, the hope is for a more universal knowledge base regarding marijuana usage.
Driving under the influence of marijuana is both a personal ethical choice as well as an medicinal ethical choice. While there are few restrictions on driving under the influence of marijuana in California, the citizen must decide if they are in full control of their vehicle or if they are impaired. From the point of view of medicine, it is under the liability of medical professionals to determine the best course of action regarding driving under the influence of marijuana, while also considering the rights of those who use medical marijuana. The ethical issue is convoluted and complex, but with more research and different backgrounds of usage being considered, the hope is for safer and equitable legislation to be passed.
References
It can be difficult to identify if a person is truly impaired by marijuana because its effects are so varied. Generally, marijuana has “both therapeutic effects and harmful effects” (“Marijuana and Cannabinoids”, 2018). Some therapeutic effects include pain relief and relaxation, but the harmful effects may include panic or hallucinations (“What are marijuana effects?”, 2018). Both the harmful and therapeutic effects can impair one’s operation of a vehicle. For example, if too relaxed, alertness may be compromised. Also, with major anxiety or panic, a driver might drive too slow or even too fast. Hallucinations may cause a driver to dangerously swerve as well. This poses an ethical choice Californians must make when deciding to drive under the influence of marijuana, self-judging how impaired one is and the risk we put ourselves, our passengers, and others on the road at. Without a well-defined law in California, the choice is ultimately up to the citizen.
One of the biggest ethical considerations to make is to account for those that use marijuana to medicate throughout the day to treat serious medical conditions, such as chronic pain, epilepsy, and AIDS. The ethical dilemma at hand is how to fairly determine if someone’s marijuana use causes impairment to ensure public safety and how we generate a universal limit on THC levels without discriminating against those that use marijuana to medicate. Unlike with alcohol, where we have we have a .08 BAC threshold, it is difficult to confirm that a driver is under the influence of marijuana even at a specific THC level since the compounds affect everyone differently, not to mention the individuals that have acquired a tolerance. These discrepancies only exacerbate the issue at hand.
Marijuana’s medicinal properties emerge due to tetrahydrocannabinol (THC) and cannabidiol (CBD). THC is often used to “decrease pain, inflammation (swelling and redness), and muscle control problems (“Marijuana As Medicine”, 2018). CBD also aids in “reducing pain and inflammation, controlling epileptic seizures, and possibly even treating mental illness and addictions” (“Marijuana as Medicine”, 2018). CBD in particular does not intoxicate the user and make them “high” which is why it is frequently used medicinally. Medical marijuana has several health benefits that will allow the user to live a normal and functional life, which is a basic civil right. So, this must be kept in mind when creating legislation on marijuana and driving. However, it is important to note the abuse of medical marijuana that has increased with its legalization in many states. Illegal use and abuse of marijuana has “rose from 4.5 percent to 6.7 percent” (“Medical Marijuana and Drug Abuse”). But, this stain should not inhibit those who properly use for medicinal purposes. This further convolutes the ethical issue of marijuana usage and driving.
Since legalization in many states across the United States, the percentage of drivers pulled over every year for marijuana usage has increased from 8.6% to 12.6% according to a study by the National Highway Traffic Safety Administration (NHTSA). Studies also show that there is a small, but quantifiable, positive correlation between marijuana legalization and vehicle accidents, which suggests that we need more effective laws in place that regulate marijuana usage and driving (“Does Marijuana Increase the Risk of Vehicle Crashes?”). However, another ethical consideration to make is the role of race in arrests for marijuana usage, since 46.9% of people arrested for drug law violations are black or latino despite similar usage across all racial groups (“Drug War Statistics”). There may be inherent prejudice that clouds the judgement during investigations into whether or not a person is impaired behind the wheel. Medical status and race both complicate the picture of impairment.
More research must be done in order to prevent the staggering numbers of vehicular accidents due to marijuana. This ethical responsibility is placed on the marijuana industry, law enforcement and medical research institutes. Instead of having a medically-backed universal limit for the amount of THC in your system, the AAA Foundation for Traffic Safety calls for more research of obvious indicators of marijuana impairment, similar to a field sobriety test (“Does Marijuana Increase the Risk of Vehicle Crashes?”). Thankfully, more research is being done on the effects of marijuana. For example, the UCSF School of Medicine has undergone many studies and experiments regarding the effects of marijuana on movement disorders (“Center for Medicinal Cannabis Research, 2018). With more research being done, the hope is for a more universal knowledge base regarding marijuana usage.
Driving under the influence of marijuana is both a personal ethical choice as well as an medicinal ethical choice. While there are few restrictions on driving under the influence of marijuana in California, the citizen must decide if they are in full control of their vehicle or if they are impaired. From the point of view of medicine, it is under the liability of medical professionals to determine the best course of action regarding driving under the influence of marijuana, while also considering the rights of those who use medical marijuana. The ethical issue is convoluted and complex, but with more research and different backgrounds of usage being considered, the hope is for safer and equitable legislation to be passed.
References
- (n.d.). Retrieved from https://www.healthline.com/health-news/does-marijuana-increase-risk-of-vehicle-crashes#2
- Healthline. (2017, April 26). Medical Marijuana and Drug Abuse. Retrieved from https://www.healthline.com/health-news/do-medical-marijuana-laws-increase-misuse#1
- L. (2018, March 12). California Marijuana DUI Laws: What You Need to Know. Retrieved from https://www.lnlegal.com/blog/2018/march/california-marijuana-dui-laws-what-you-need-to-k/
- Drug War Statistics. (n.d.). Retrieved from http://www.drugpolicy.org/issues/drug-war-statistics
- Jenkins, A. (2018, July 30). Washington Cannabis Legalization Results In Significant Drop In Felony Convictions. Retrieved from https://www.opb.org/news/article/washington-state-cannabis-marijuana-felony-conviction-rate-legalization/
- Lyons, J. (2018, January 01). Some states put a THC limit on pot-smoking drivers - Here's why California doesn't. Retrieved from https://www.sfchronicle.com/news/article/Some-states-put-a-THC-limit-on-pot-smoking-12465013.php
- Marijuana and Cannabinoids. (2018, October 25). Retrieved from https://nccih.nih.gov/health/marijuana
- Monte, A. A., Zane, R. D., & Heard, K. J. (2015, January 20). Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4404298/
- Medical Research. (n.d.). Retrieved from https://www.cmcr.ucsd.edu/
- National Institute on Drug Abuse. (n.d.). Marijuana as Medicine. Retrieved from https://www.drugabuse.gov/publications/drugfacts/marijuana-medicine
- National Institute on Drug Abuse. (n.d.). What are marijuana effects? Retrieved from https://www.drugabuse.gov/publications/research-reports/marijuana/what-are-marijuana-effects
- Staff, L. (2018, June 12). Qualifying Conditions for Medical Marijuana by State. Retrieved from https://www.leafly.com/news/health/qualifying-conditions-for-medical-marijuana-by-state
- Tiftickjian, J. (2017, September 22). Medical Marijuana's "Permissible Inference" Law | Medical Marijuana DUI. Retrieved from https://www.criminallawdenver.com/medical-marijuana-users-acquittal-illustrates-the-operation-of-permissible-inference-law/
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