For every reason given in support of cannabis legalization there is an opposing reason for maintaining the status quo. Among the reasons for not decriminalizing pot is the concern that it will lead to increased DUI problems. But is the concern valid?
Setting aside research data for just one minute, it is obvious that people can drive under the influence of all sorts of mind-altering substances. We are all familiar with drunk driving. People with easy access to alcohol have no problem downing a few drinks before getting behind the wheel. Why would cannabis consumption be any different?
States are fully aware of the potential of cannabis DUI. As such, those states that have taken steps to legalize pot have also altered their DUI laws accordingly. A driver under the influence of cannabis is not going to get away with it just because the substance is legal at the state level.
DUI a Problem in Colorado
Getting back to the central question of whether DUI concerns are valid, we can look at data from Colorado. According to a Washington Examiner piece, deaths attributed to traffic accidents where at least one driver tested positive for marijuana have increased 138% since legalization. Overall traffic deaths have only increased 29% during that time.
Furthermore, the total number of fatal traffic accidents involving drivers testing positive for marijuana more than doubled between 2013 and 2020. Marijuana related DUIs have increased some 60% since Colorado legalized recreational use.
It is clear that marijuana DUI is a problem in the Centennial State. There is no reason to believe that other states with legal recreational cannabis do not have similar problems.
A Tragic Accident in Utah
Unfortunately, cannabis DUI isn’t exclusive to states with legal recreational consumption. Even states with medical-only programs need to deal with it. Take Utah. Even though the state has one of the most restricted medical cannabis programs in the country, the law didn’t prevent a woman driving under the influence from hitting two cyclists participating in an Ironman race.
News reports say the driver failed to obey a flagger who was directing traffic during the race. She inadvertently hit the cyclists, causing serious injuries that led to both being taken to the hospital. The 68-year-old driver admitted to having smoked marijuana earlier in the day. Two separate evaluations determined she was under the influence at the time of the accident.
Though the cyclists are expected to recover, the driver now faces a third-degree felony charge as well as a class B misdemeanor. If found guilty, the consequences for her actions could be quite serious.
Cannabis Laws and Use Prevalence
It is clear from the Utah incident that restrictive cannabis laws do not prevent marijuana DUI. Any medical cannabis patient in Utah with a valid card could walk into the Deseret Wellness pharmacy in Provo, buy their medicines, and decide later in the day to drive while under the influence.
Having said that, prevalence is a different matter. In states where cannabis is available both medically and recreationally, prevalence is higher. More people use cannabis because it is fully legal. In states with more highly restrictive laws, prevalence is lower.
Common sense suggests that where prevalence is higher, so is the propensity for marijuana DUI. Common sense also suggests that DUI concerns are valid.
Regardless of how you feel about marijuana legalization, driving under the influence is never acceptable. We have worked too hard for too long to reduce alcohol DUI rates. The last thing we should do is drop the ball on marijuana DUI in the push for full decriminalization.