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Newly Proposed Florida Law Would Set Marijuana DUI Blood Levels

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marijuana-dui[1]A bill has been filed in the Florida legislature by Representative David Kerner that would set a blood standard for marijuana THC levels in the bloodstream in cases of crashes involving property damage or fatalities. House Bill 161, entitled the “Naomi Pomerance Victim Safety Act,” would set a blood level of 5 nanograms or more of THC per milliliter of blood as the minimum level at which a person could be classified as driving under the influence of marijuana. Although it is already illegal to drive or operate a boat impaired under the influence of marijuana in Florida, the law currently does not define a numeric blood level standard at which a person could be automatically classified as impaired. Note that this law would not be at odds with Florida law allowing for the use of medical marijuana in certain limited circumstances since the medical marijuana law restricts medical use to only those strains that have very little THC. It is too early to know whether this law will pass the Florida legislature in 2016, but we will provide updates here as the Florida legislative session progresses from January through March, 2016. Check back for updates.

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