The Kentucky General Assembly is considering setting a per se limit for marijuana intoxication, much like that established for blood alcohol levels. The measure unanimously passed out of the Senate Judiciary Committee Thursday. Bill Sponsor Johnnie Turner said impairment would be based on a THC level of five. The Harlan lawmaker said his county attorney had asked for this law.
“You as the officer have the right to go in to testify to all the subjective information that you saw this person stumble, fall, just like you do with alcohol. But he says the scientific basis is the only way that will help them,” said Turner.
Under the bill, a sample of the person’s breath or blood would be taken within two hours of operating a vehicle.
Committee Chair Whitney Westerfield read a communication from Kentucky State Police. In it, KSP said it was unaware of any scientifically established THC level that correlates with impairment.
Benton Senator and former police officer Danny Carroll asked how the science of testing and out-in-the-field enforcement would work.
“The different levels can manifest differently in different people in relation to their tolerance and how often they drink how often they smoke marijuana, so that’s where the field sobriety tests become a determining factor,” said Carroll.
Carroll said this is an appropriate issue to give attention to
The bill heads to the full Senate.
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