State Sen. Jerry Hill’s (D- San Mateo) newly proposed bill would establish a “zero tolerance” DUI law for marijuana — making it a felony for anybody under 21 to drive while under the influence of drugs, including marijuana.
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In light of the recent rollout of Prop 64, which legalized the use of recreational marijuana, lawmakers are beginning to judicate the new frameworks which smokers must follow.
Senator Scott Wilk, R-Santa Clarita, emphasized the importance of clear guidelines for drivers — especially those new to the roads.
“Way too many innocent lives are lost when people under the influence get behind the wheel,” said Wilk. “I applaud Senator Hill for starting the conversation on this issue and look forward to working with him, law enforcement and other stakeholders to make sure we get this right.”
The demographic that will be most affected this new law are residents that are under the age of 21, who are now looking at steep penalties for driving under the influence of marijuana.
“Under existing law, a person under 21 years of age who has a blood alcohol concentration of 0.01% or more while operating a motor vehicle will have his or her driver’s license suspended by the department for no less than one year,” said the most recent version of Senate Bill 1237. “This bill would make a person under 21 years of age who has any detectable amount of delta-9-tetrahydrocannabinol in his or her body subject to the same license suspension.”
Across the United States, teen drinking and smoking usage has increased over recent years, according to a yearly study conducted University of Michigan’s Institute for Social Research.
According University of Michigan study, the use of marijuana has increased to “24 percent in 2017 — a 1.3 percent increase from 2016.”
The Michigan study also revealed a decline in underage individuals thinking that marijuana is equal to alcohol in terms of impairment, according to the study.
“Typically, as adolescents see less risk of marijuana use, the prevalence (of use) increases,” said Richard Meich, one of the lead researchers on the University of Michigan study. “And today, levels of perceived risk from marijuana use are at the lowest levels we’ve ever seen in decades.
Therefore as marijuana becomes legal in California, lawmakers have stated that they are prepared to do what they believe ensures the safety of both young people, but also all others on public roads and highways.
But despite preemptive steps to combat marijuana related DUI’s, these rules do not apply to those individuals that are 21 years or younger and have “a physician’s recommendation for medical cannabis,” said the bill.
The DUI test will be implemented in much of the same way as a standard alcoholic DUI checkpoint operates but law enforcement would be pulling individuals over that are suspected of being high. Officers would then administer a test that could consist of a variety of practices and tools.
“‘Preliminary marijuana screening test’ means an instrument, device, or reactive chemical test used in the field to measure, or detect above an identifiable threshold, the presence of delta-9-tetrahydrocannabinol in the body of the test subject, including, but not limited to, an oral swab, skin swab, or breath test.”
SB 1237, and the future of marijuana underage DUI laws in the state, is scheduled to take its next steps on March 22, as it becomes introduced to one of the Senate Oversight committees.
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