Every state has laws dealing with alcohol-impaired driving and drug-impaired driving. But unlike the laws for alcohol-impaired driving, those that address drug-impaired driving are nuanced, difficult to enforce and prosecute and vary substantially by state.
In addition to general impairment laws, there are two basic laws that states tend to use when addressing drug-impaired driving:
- Zero Tolerance laws make it illegal to drive with any measurable amount of specified drugs in the body. These laws are best suited for illegal drugs: if it is illegal to possess or use a drug, then it is reasonable to prohibit driving after the drug has been possessed and used.
- 16 states have zero tolerance laws in effect for one or more drugs.
- Per Se laws make it illegal to drive with amounts of specified drugs in the body that exceed set limits.
- 6 states have per se laws in effect for one or more drugs.
Marijuana Drug-Impaired Driving Laws
18 states have zero tolerance or non-zero per se laws for marijuana.
- 9 states have zero tolerance for THC or a metabolite.
- 3 states have zero tolerance for THC but no restriction on metabolites.
- 5 states have specific per se limits for THC
- 1 state (Colorado) has a reasonable inference law for THC
NOTE: GHSA does not compile any additional data on drug impaired driving laws other than what is presented here. For more information, consult the appropriate State Highway Safety Office.
Sources: State Highway Safety Offices.