A New Jersey public servant is proposing the monitoring of all individual interactions with cannabis, aiming to address the issue of driving under the influence of marijuana, according to a report from the New Jersey Monitor. Assemblywoman Shanique Speight (D) is advocating for a new section responsible for gathering information on incidents like arrests due to DUIs involving cannabis, as well as other cannabis-related arrests, case dismissals, convictions, confiscation of marijuana, and even judgments of cannabis charges.
The danger associated with operating a vehicle under the influence of cannabis is a matter of ongoing debate. US legislators are tirelessly trying to address this challenge, whether through studying the effects of cannabis on driving, or developing technology to detect impairment from cannabis use. All this effort is focused on identifying and penalizing individuals driving under the influence of cannabis, despite evidence from Canada that legalization of weed has not led to a rise in car accidents.
The push for change in her own state was sparked by Speight’s visit to Colorado, the pioneering state for recreational marijuana legalization, in the summer of 2022. Her observations on how the state manages drivers under the influence of cannabis prompted her to act. “Their approach to enforcement seems to lack clear direction,” Speight observed. Colorado has a dedicated office under the state’s criminal justice division that records cannabis offenses. New Jersey lacks such a comprehensive system. “Seeing their strategy got me thinking about how we could benefit from a similar approach,” she noted. “I appreciate that they have a specialized division handling and documenting these incidents.”
So, for those of you in New Jersey, you can point your frustration towards Colorado for inspiring your state to intensify its crackdown on cannabis-related DUIs. Speight’s goal is to establish the division to assist law enforcement in knowing when they can legally arrest someone. As a result, the state government will collect more data on its residents, which will be annually submitted to the governor and Legislature, complete with suggestions for refinement.
The proposed legislation, presented earlier this month (backed by Sen. Vin Gopal (D) in the Senate), would also launch a “public awareness campaign” about the risks of driving while under the influence of cannabis. Currently, it has been referred to the law and public safety committees of both legislative chambers.
Recreational cannabis use is legal for adults aged 21 and over in New Jersey. Individuals can legally possess up to six ounces. If found with an excess, the police can issue a summons instead of arresting you. Moreover, police can’t search your vehicle without a warrant based solely on suspected cannabis use. If an officer knowingly contravenes these regulations when investigating cannabis use for anyone under 21, they can be charged with deprivation of civil rights. Convictions for such offences carry penalties of up to five years in jail and a fine of $15,000.
In light of this, Speight expresses her concerns about incidents where police officers in New Jersey seem unsure about how to proceed. Given the current law, many officers are adopting a less intrusive approach to avoid possible legal trouble, and Speight’s proposed division, which would be data-driven, seeks to address this issue. Although the existing legislation might seem favorable to marijuana users, it leaves police officers at a loss, struggling to determine whether a driver is under the influence of marijuana due to the absence of a reliable cannabis equivalent to the breathalyzer.
“The complexity of this matter is clear, but it shouldn’t be neglected. It demands attention,” Speight emphasizes, expressing her intention to collaborate with both marijuana advocates and law enforcement agencies on the bill.
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