Imagine you’re driving home and suddenly see those flashing lights in your rearview mirror. You pull over, and the officer approaches, suspecting you might be high. In Michigan, where marijuana is legal, your rights shouldn’t hinge on one officer’s opinion. Yet, in cases of driving under the influence of cannabis, it often does. This creates a troubling gap between legal cannabis use and fair enforcement on our roads.
Legal marijuana meets outdated detection methods
Michigan legalized recreational marijuana, but driving while high remains illegal—and for good reason, as impairment affects reaction time and decision-making.
The problem? Unlike alcohol, there’s currently no reliable roadside test to measure marijuana impairment. Blood and saliva tests can detect THC (the psychoactive component in marijuana), but these tests don’t accurately measure current impairment. THC can remain in your system for days or even weeks after use, long after any effects have worn off.
This testing gap means officers must rely on other methods to determine if you’re high behind the wheel.
When an officer’s opinion becomes evidence
Without objective measurements, police depend on subjective observations that can be influenced by personal bias and assumptions. During a traffic stop, officers look for:
- Red eyes or dilated pupils
- The smell of marijuana
- Slowed speech patterns
- Poor coordination
It’s not always easy to know if someone is really impaired by marijuana. There could be other reasons for their behavior. Maybe they’re just tired or anxious. They might have a medical condition, or maybe that’s just how they usually are. This makes things difficult.
An officer’s personal beliefs about marijuana, or biases they don’t even know they have, can influence their decision about whether a driver is impaired. Their opinion can make the difference between driving off with a ticket or facing serious criminal charges.
Defending against impaired driving charges
If you’re arrested and charged with driving under the influence of marijuana, it’s crucial to remember that you have the right to challenge the police findings and procedures. An experienced attorney can help you examine the evidence and identify any biases or flaws in the officer’s assessment.
By understanding the subjective nature of marijuana impairment tests and the potential for bias, you can better defend against unfair charges.