“In the largest trial to date involving experienced users smoking cannabis, there was no correlation between THC (and related metabolites/cannabinoids) in blood, OF [oral fluid], or breath and driving performance. … The complete lack of a relationship between the concentration of the centrally active component of cannabis in blood, OF, and breath is strong evidence against the use of per se laws for cannabis.”
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Democratic Gov. Steve Sisolak has signed legislation into law easing marijuana possession penalties for minors and amending the state’s per se driving limits for THC.
The legislation provides an affirmative defense for motorists who test positive for the presence of either THC or its metabolite, but who are not responsible for a traffic accident and who show no evidence of intoxication.
Drivers testing positive for the presence of THC in blood do not possess a significantly increased risk of being responsible for a non-fatal motor vehicle accident, according to data published in the journal Addiction.
Per se driving limits for the presence of THC are arbitrary and may improperly classify motorists who are not behaviorally impaired, according to the findings of a study published by the American Automobile Association (AAA) Foundation for Traffic Safety.