Traffic Counts Fell During the Coronavirus Pandemic, but Road Fatalities Still Increased
Traffic fatalities increased nationally and in the Washington region last year despite a significant drop in travel because of the coronavirus pandemic.
Drug Impaired Driving
Every state has laws dealing with alcohol-impaired driving and drug-impaired driving. But unlike the laws for drunk driving, those that address drugged 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.
- 5 states have per se laws in effect for one or more drugs.
Marijuana Drug-Impaired Driving Laws
17 states have zero tolerance or non-zero per se laws for marijuana.
- 10 states have zero tolerance for THC or a metabolite.
- 3 states have zero tolerance for THC but no restriction on metabolites.
- 4 states have specific per se limits for THC
- 1 state (Colorado) has a permissible inference law for THC
A PDF list of state marijuana-related laws is also available here.
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.
Short Term Description
Unlike the laws for drunk driving, those that address drugged driving are nuanced, difficult to enforce and prosecute and vary substantially by state.
Washington
DUID Zero Tolerance or Per se Laws for Some Drugs
Per se >0 for some drugs
Washington
Marijuana Possession and Use
Decriminalized and legal for recreational and medical use
Washington
Marijuana Impaired Driving
THC per se (5 ng)
Ohio
DUID Zero Tolerance or Per se Laws for Some Drugs
Per se >0 for some drugs
Ohio
Marijuana Possession and Use
Decriminalized and legal for medical use
Ohio
Marijuana Impaired Driving
THC per se (2 ng)
Montana
DUID Zero Tolerance or Per se Laws for Some Drugs
Per se >0 for some drugs
Montana
Marijuana Possession and Use
Legal for medical use
Montana
Marijuana Impaired Driving
THC per se (5 ng)
Colorado
Marijuana Impaired Driving
Permissible inference for THC (5 ng)
Colorado
DUID Zero Tolerance or Per se Laws for Some Drugs
Permissible inference law >0 for THC
Colorado
Marijuana Possession and Use
Decriminalized and legal for recreational and medical use
Vermont
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Vermont
Marijuana Possession and Use
Decriminalized and legal for recreational and medical use
Vermont
Marijuana Impaired Driving
None
Oregon
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Oregon
Marijuana Possession and Use
Decriminalized and legal for recreational and medical use
Oregon
Marijuana Impaired Driving
None
New Mexico
DUID Zero Tolerance or Per se Laws for Some Drugs
None
New Mexico
Marijuana Possession and Use
Decriminalized and legal for medical use
New Mexico
Marijuana Impaired Driving
None
New Jersey
DUID Zero Tolerance or Per se Laws for Some Drugs
None
New Jersey
Marijuana Possession and Use
Legal for medical use
New Jersey
Marijuana Impaired Driving
None
New Hampshire
Marijuana Possession and Use
Decriminalized and legal for medical use
New Hampshire
Marijuana Impaired Driving
None
New Hampshire
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Nebraska
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Nebraska
Marijuana Possession and Use
Decriminalized
Nebraska
Marijuana Impaired Driving
None
Missouri
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Missouri
Marijuana Possession and Use
None
Missouri
Marijuana Impaired Driving
Decriminalized and legal for medical use
Mississippi
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Mississippi
Marijuana Possession and Use
None
Mississippi
Marijuana Impaired Driving
Decriminalized
Massachusetts
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Massachusetts
Marijuana Possession and Use
Decriminalized and legal for medical and recreational use
Massachusetts
Marijuana Impaired Driving
None
Maine
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Maine
Marijuana Possession and Use
Decriminalized and legal for medical and recreational use
Maine
Marijuana Impaired Driving
None
Hawaii
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Hawaii
Marijuana Possession and Use
Decriminalized and legal for medical use
Hawaii
Marijuana Impaired Driving
None
Connecticut
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Connecticut
Marijuana Possession and Use
Decriminalized and legal for medical use
Connecticut
Marijuana Impaired Driving
None
California
DUID Zero Tolerance or Per se Laws for Some Drugs
None
California
Marijuana Possession and Use
Decriminalized and legal for medical and recreational use
California
Marijuana Impaired Driving
None
Wisconsin
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Wisconsin
Marijuana Possession and Use
Illegal
Wisconsin
Marijuana Impaired Driving
Zero tolerance for delta-9-THC
Utah
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Utah
Marijuana Possession and Use
Legal for medical use
Utah
Marijuana Impaired Driving
Zero tolerance for THC and metabolites
South Dakota
Marijuana Impaired Driving
Zero tolerance for THC and metabolites
South Dakota
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
South Dakota
Marijuana Possession and Use
Illegal
Rhode Island
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Rhode Island
Marijuana Possession and Use
Decriminalized and legal for medical use
Rhode Island
Marijuana Impaired Driving
Zero tolerance for THC and metabolites
Pennsylvania
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Pennsylvania
Marijuana Possession and Use
Legal for medical use
Pennsylvania
Marijuana Impaired Driving
Zero tolerance for THC and metabolites
Oklahoma
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Oklahoma
Marijuana Possession and Use
Legal for medical use
Oklahoma
Marijuana Impaired Driving
Zero tolerance for THC and metabolites
North Carolina
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
North Carolina
Marijuana Possession and Use
Decriminalized
North Carolina
Marijuana Impaired Driving
None
Minnesota
Marijuana Possession and Use
Decriminalized and legal for medical use
Minnesota
Marijuana Impaired Driving
None
Minnesota
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Michigan
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Michigan
Marijuana Possession and Use
Legal for medical and recreational use
Michigan
Marijuana Impaired Driving
Zero tolerance for THC
Kentucky
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Kentucky
Marijuana Possession and Use
Illegal
Kentucky
Marijuana Impaired Driving
None
Iowa
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Iowa
Marijuana Possession and Use
Illegal
Iowa
Marijuana Impaired Driving
Zero tolerance for THC
Indiana
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Indiana
Marijuana Possession and Use
Illegal
Indiana
Marijuana Impaired Driving
Zero tolerance for THC and metabolites
Illinois
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Illinois
Marijuana Possession and Use
Decriminalized and legal for recreational and medical use
Illinois
Marijuana Impaired Driving
THC per se (5 ng)
Georgia
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Georgia
Marijuana Possession and Use
Illegal
Georgia
Marijuana Impaired Driving
Zero tolerance for THC and metabolites
Delaware
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Delaware
Marijuana Possession and Use
Decriminalized and legal for medical use
Delaware
Marijuana Impaired Driving
Zero tolerance for THC and metabolites
Arizona
DUID Zero Tolerance or Per se Laws for Some Drugs
Zero tolerance for some drugs
Arizona
Marijuana Possession and Use
Legal for medical use
Arizona
Marijuana Impaired Driving
Zero tolerance for THC and metabolites
Wyoming
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Wyoming
Marijuana Possession and Use
Illegal
Wyoming
Marijuana Impaired Driving
None
Tennessee
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Tennessee
Marijuana Possession and Use
Illegal
Tennessee
Marijuana Impaired Driving
None
South Carolina
Marijuana Impaired Driving
None
South Carolina
DUID Zero Tolerance or Per se Laws for Some Drugs
None
South Carolina
Marijuana Possession and Use
Illegal
North Dakota
DUID Zero Tolerance or Per se Laws for Some Drugs
None
North Dakota
Marijuana Possession and Use
Decriminalized for legal for medical use
North Dakota
Marijuana Impaired Driving
None
Louisiana
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Louisiana
Marijuana Possession and Use
Illegal
Louisiana
Marijuana Impaired Driving
None
Kansas
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Kansas
Marijuana Possession and Use
Illegal
Kansas
Marijuana Impaired Driving
None
Idaho
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Idaho
Marijuana Possession and Use
Illegal
Idaho
Marijuana Impaired Driving
None
Florida
Marijuana Possession and Use
Legal for medical use
Florida
Marijuana Impaired Driving
None
Florida
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Arkansas
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Arkansas
Marijuana Possession and Use
Legal for medical use
Arkansas
Marijuana Impaired Driving
None
Alabama
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Alabama
Marijuana Possession and Use
Illegal
Alabama
Marijuana Impaired Driving
None
Texas
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Alaska
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Texas
Marijuana Possession and Use
Illegal
Alaska
Marijuana Possession and Use
Decriminalized and legal for recreational and medical use
Texas
Marijuana Impaired Driving
None
Alaska
Marijuana Impaired Driving
None
Virginia
DUID Zero Tolerance or Per se Laws for Some Drugs
Per se >0 for some drugs
District of Columbia
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Virginia
Marijuana Possession and Use
Illegal
District of Columbia
Marijuana Possession and Use
Decriminalized and legal for recreational and medical use
Virginia
Marijuana Impaired Driving
None
District of Columbia
Marijuana Impaired Driving
None
West Virginia
DUID Zero Tolerance or Per se Laws for Some Drugs
None
Maryland
DUID Zero Tolerance or Per se Laws for Some Drugs
None
West Virginia
Marijuana Possession and Use
Legal for medical use
Maryland
Marijuana Possession and Use
Decriminalized and legal for medical use
West Virginia
Marijuana Impaired Driving
None
Maryland
Marijuana Impaired Driving
None
Nevada
DUID Zero Tolerance or Per se Laws for Some Drugs
Per se >0 for some drugs
Nevada
Marijuana Possession and Use
Decriminalized and legal for medical and recreational use
Nevada
Marijuana Impaired Driving
THC per se (2 ng)
New York
DUID Zero Tolerance or Per se Laws for Some Drugs
None
New York
Marijuana Possession and Use
Decriminalized and legal for medical use
New York
Marijuana Impaired Driving
None
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FOR IMMEDIATE RELEASE
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CONTACT: Adrian Nicholas, 202-580-7934
AFTER-HOURS CONTACT: Pam Shadel Fischer, 908-619-2786
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