OREGON: No one should drive when they have consumed too much marijuana. A responsible person knows if they are impaired from marijuana or not, and whether they are too impaired to operate a motor vehicle. With that being said, marijuana stays in your system for weeks after consumption, and current approaches to detecting if someone is a stoned driver can’t differentiate whether a person has consumed marijuana prior to getting behind the wheel, or weeks prior.
And even if there was a way to differentiate, such as determining how much active THC is in a person’s blood, there isn’t a per se limit in Oregon like there is with alcohol. If you have a blood alcohol level of .08 in Oregon as an adult and you are caught driving, you are passed the threshold of what Oregon law recognizes as being too intoxicated. Oregon’s Implied Consent law doesn’t list a limit like that for marijuana. These are factors that Oregon’s Legislature is trying to tackle right now, and it appears that politicians are using this as an opportunity to overhaul Oregon’s DUII laws.
Right now in Oregon, drawing blood for DUII purposes requires a warrant, unless you were involved in a serious accident and the hospital gives law enforcement a sample of your blood while you are there. Imagine if that changed, and law enforcement no longer needed a warrant. That’s what would happen with Oregon House Bill 3170. The bill adds blood to the Implied Consent law, meaning that if you are on a public road, your consent to a blood draw is already implied. If you refuse the blood draw, whether you have marijuana in your system or not, you automatically lose your license for a year. That’s the type of stuff that gives me nightmares. The bill is so poorly written that it doesn’t even state what the failing limit would be for marijuana, or any substance, just that they can draw your blood and test it and use it as evidence at court if you try to fight it. Or again, if you refuse, you automatically lose your license for a year.