A new research study published earlier this month in the New England Journal of Medicine confirms earlier warnings that legalization of marijuana increases the risk of a serious or fatal motor vehicle accident in that jurisdiction. Read, Brubacher, Jeffrey R., et al. “Cannabis Legalization and Detection of Tetrahydrocannabinol in Injured Drivers.” New England Journal of Medicine 386.2 (2022): 148-156.
In this study, trauma center data confirmed an increasing number of drivers testing positive for tetrahydrocannabinol (THC) after being involved in an accident in a two-year time period after marijuana use was legalized in Canada. From the study’s conclusion:
“After cannabis legalization, the prevalence of moderately injured drivers with a THC level of at least 2 ng per milliliter in participating British Columbia trauma centers more than doubled. The increase was largest among older drivers and male drivers.”
Sadly, experts are reporting similar results can be found in those parts of the United States where marijuana use has been legalized. Drivers under the influence of marijuana are operating their motor vehicles under impairment, and causing accidents where they, and others, suffer bodily injuries. Read, “More Folks Drive High When Pot Made Legal: Study,” written by Steven Reinberg for HealthDayNews and published in U.S. News & World Report on January 13, 2022.
Doubling the number of drivers who are operating motor vehicles while under the influence of marijuana is a disturbing finding to safety agencies and those advocating for the rights of accident victims and their loved ones. The danger of a severe or fatal marijuana impaired driving accident is increasing.
The Complications of Marijuana Impaired Driving
There are several different products in the marketplace today that originate from the commonly-known Cannabis sativa L. plant species, among them hemp and marijuana. Industrial hemp can be found in a variety of products today, including rope; building materials; bird seed; and soap. Cannabidiol (CBD) is another cannabis plant with a growing market, including its use in the treatment of epileptic seizures.
However, marijuana distinguishes itself from other plants in this species because of its naturally significant amount of THC content. THC is the chemical within the marijuana plant that has the ability to intoxicate both humans and animals.
In the aftermath of a severe motor vehicle accident in Illinois or Indiana, it is important to investigate that particular incident to learn the specifics of the marijuana products and THC levels involved in the impaired driving crash.
Driver Has Variety of THC Consumption Options
Impaired driving accidents involving marijuana intoxication are more complicated than those involving drunk drivers. For one thing, drivers choosing to use legal marijuana today have many different ways to get this chemical into their system because marijuana consumption is possible through all sorts of products.
Impaired drivers may have legal impairment as a result of THC that has been:
- Smoked (cigarettes, pipes)
- Vaped (e-cigarettes, vapes)
- Eaten (edibles, lozenges)
- Swallowed (capsules)
- Absorbed (lotions, oils).
THC Concentration and Timing of Impairment Varies in Marijuana Products
Another factor in marijuana impairment on our roads is the reality that the concentration of THC in these products is not standardized. How intense the impairment will vary not only according to how the marijuana is consumed, but how much THC is contained in that specific product.
Impaired drivers who have consumed legal marijuana may experience an immediate impairment if they choose to smoke or vape. Those opting for an edible will not become intoxicated until their body has had time to digest the THC and allowed it to enter their system.
Also, these driver intoxication incidents are complicated because the intensity of THC concentrations will differ not only between products (hash oil is known to be more intoxicating than plant), but in the amount of THC in that specific item. The amount of THC in comparable marijuana products on the market today can vary widely.
Marijuana Laws in Indiana and Illinois
Marijuana is legal for recreational use in the State of Illinois. Recreational marijuana use has not been legalized in Indiana; however, legislation is pending before the 2022 statehouse that would make a way for legalization in the Hoosier State. See, “Indiana Marijuana Legalization And Regulatory Bills Pre-Filed For 2022 Session,” written by Kyle Jaeger and published in Marijuana Moment on December 31, 2021.
At the federal level, marijuana remains an illegal drug under the Controlled Substances Act of 1970 (CSA). This federal legislation does not bar Illinois from allowing the sale and consumption of recreational marijuana within state lines.
For more, read our earlier discussion in: Recreational Marijuana is Legal in Illinois: The Rising Danger of a Drugged Driving Crash and Marijuana Accidents: Impaired Driving in Indiana and Illinois.
Impaired Marijuana Driving Accidents in Indiana and Illinois
For those who are victims of marijuana impaired drivers on the roads of Indiana and Illinois, there may be legal claims for recompense for both accident victims and their loved ones. Driving under the influence of drugs or alcohol is negligent as it demonstrates a breach in the duty of care and safety in operating a motor vehicle legally placed upon the driver under the law.
The new 2022 Canadian study supports earlier warnings of marijuana intoxication accidents that include ongoing studies by the Insurance Institute for Highway Safety (IIHS) regarding crash rates in states with legalized recreational marijuana use. This research suggests an even higher risk of a serious or fatal accident faces drivers on the roads of Illinois, where recreational marijuana use is legal.
As marijuana use increases among drivers in our part of the country, the likelihood of serious accidents caused by an impaired driver also rises. Advocates for these accident victims must investigate the complexities of the marijuana impaired crash to determine the extent of legal liability involving not only the driver, but others that may share a responsibility for the crash.
This is particularly true in situations where the impaired driver was on the job at the time, and his employer may have breached a legal duty regarding supervision, oversight, hiring, or training of the impaired driver.
For more, read:
- Serious Illinois Car Crashes and Marijuana Impaired Drivers
- Truck Drivers and Drugs: Marijuana, Cocaine, and Meth are Top Three Drugs Found in FMCSA Commercial Driver Drug Testing
- Marijuana Semi-Truck Crashes: Pot, Cannabis Products, and Commercial Truck Drivers
- Commercial Truck Drivers Moving Loads Across the Country Given Notice by USDOT: Changing State Marijuana Laws Do Not Change Truck Driver Duty of Safety on US Roads.
Marijuana impaired drivers are a growing danger to everyone on the roads of Indiana and Illinois today. Please be careful out there!
