The Kentucky Senate on Monday approved a measure that would set an impaired driving limit for marijuana. Senate Bill 228 would specify that people are too impaired to drive if they have 5 nanograms or more of THC (tetrahydrocannabinol) per millimeter in their blood. A nanogram is one billionth of a gram.
The bill’s sponsor, Sen. Johnnie Turner (R-Harlan), explained that the goal of the bill is to save counties thousands of dollars by providing a clear definition of THC impairment to use in court cases.
“I was approached by a county attorney who advised me they were spending about $100,000 to have experts testify about the marijuana in one system,” Turner said, adding that the bill’s approach is similar to the one used for alcohol.
“It’s two hours from the time you are detained, you’re taken for a blood test,” he said.
Turner said an expert from the University of Kentucky has testified that five nanograms can constitute a presumption of intoxication. There is no presumption at levels between four and five, and at lower levels, there’s the presumption of innocence, he said.
Sen. Robin L. Webb (D-Grayson) cast a pass vote, citing concerns that the scientific data is still incomplete and that individuals have different tolerance levels for marijuana.
“I think it is an arbitrary standard even though it may act as a deterrent and other states have done it,” she said. “I would hope that we leave the door open to adapt to changing scientific technologies on true levels of impairment, especially if we’re moving toward the utilization of marijuana in a medical sense.”
The bill passed off the Senate floor with a 33-0 vote and three pass votes. It now heads to the House for consideration.
Information came from a release by the Kentucky Legislative Research Commission.
