A Judicial Perspective on Expert Testimony in Marijuana Driving Cases

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Abstract

<p class="first" id="d14542249e95">The decriminalization of marijuana and propagation of marijuana prescribed for medical reasons have resulted in an increase in driving while under the influence of marijuana. Currently, the legal definition of marijuana driving impairment varies by state across the United States. Expert witnesses such as drug recognition experts and medical toxicologists are needed during a discovery to educate attorneys and during a testimony to educate judges and juries. These proceedings provide an overview of the US case law about driving impairment, the current status of the legal thresholds used in the courts for the admission of the medical toxicologist as an expert witness in marijuana driving and related cases, and provides an understanding of evolving issues surrounding the admissibility of their scientific opinion testimony. </p>

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Most cited references 13

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Cannabis effects on driving skills.

Rebecca L Hartman, Marilyn A. Huestis (2013)

Cannabis is the most prevalent illicit drug identified in impaired drivers. The effects of cannabis on driving continue to be debated, making prosecution and legislation difficult. Historically, delays in sample collection, evaluating the inactive Δ(9)-tetrahydrocannabinol (THC) metabolite 11-nor-9-carboxy-THC, and polydrug use have complicated epidemiologic evaluations of driver impairment after cannabis use.

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The effect of cannabis compared with alcohol on driving.

R. Sewell, James Poling, Mehmet Sofuoglu (2015)

The prevalence of both alcohol and cannabis use and the high morbidity associated with motor vehicle crashes has lead to a plethora of research on the link between the two. Drunk drivers are involved in 25% of motor vehicle fatalities, and many accidents involve drivers who test positive for cannabis. Cannabis and alcohol acutely impair several driving-related skills in a dose-related fashion, but the effects of cannabis vary more between individuals than they do with alcohol because of tolerance, differences in smoking technique, and different absorptions of Delta(9)-tetrahydrocannabinol (THC), the active ingredient in marijuana. Detrimental effects of cannabis use vary in a dose-related fashion, and are more pronounced with highly automatic driving functions than with more complex tasks that require conscious control, whereas alcohol produces an opposite pattern of impairment. Because of both this and an increased awareness that they are impaired, marijuana smokers tend to compensate effectively while driving by utilizing a variety of behavioral strategies. Combining marijuana with alcohol eliminates the ability to use such strategies effectively, however, and results in impairment even at doses which would be insignificant were they of either drug alone. Epidemiological studies have been inconclusive regarding whether cannabis use causes an increased risk of accidents; in contrast, unanimity exists that alcohol use increases crash risk. Furthermore, the risk from driving under the influence of both alcohol and cannabis is greater than the risk of driving under the influence of either alone. Future research should focus on resolving contradictions posed by previous studies, and patients who smoke cannabis should be counseled to wait several hours before driving, and avoid combining the two drugs.

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Cannabis effects on driving lateral control with and without alcohol.

Rebecca L Hartman, Timothy Brown, Gary Milavetz … (2015)

Effects of cannabis, the most commonly encountered non-alcohol drug in driving under the influence cases, are heavily debated. We aim to determine how blood Δ(9)-tetrahydrocannabinol (THC) concentrations relate to driving impairment, with and without alcohol.

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Author and article information

Journal

Title: Journal of Medical Toxicology

Abbreviated Title: J. Med. Toxicol.

Publisher: Springer Science and Business Media LLC

ISSN (Print): 1556-9039

ISSN (Electronic): 1937-6995

Publication date Created: March 2017

Publication date (Electronic): August 19 2016

Publication date (Print): March 2017

Volume: 13

Issue: 1

Pages: 117-123

Article

DOI: 10.1007/s13181-016-0579-z

PMC ID: 5330958

PubMed ID: 27541956

SO-VID: 1041a4d2-e296-4f25-ba30-9b892de8a92d

License:

http://www.springer.com/tdm

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