Indiana Lawmakers Amend Bill That Would Have Set Saliva THC Test Threshold For Marijuana-Impaired Driving

“I’m involved about false positives…I simply suppose this wants an extended, deeper look.”

By Whitney Downard, Indiana Capital Chronicle

Marijuana, and the tetrahydrocannabinol (THC) ranges that make somebody really feel excessive, is authorized for leisure functions in three of Indiana’s 4 neighboring states. However determining when somebody is simply too excessive to drive has confirmed to be a tough process.

“THC might be one of many trickiest issues I’ve ever tried to nail down,” shared Rep. Wendy McNamara (R-Evansville). “And two issues I’m making an attempt to do with this invoice…[is] give the state of Indiana a possibility to determine who’re impaired drivers [and] with the ability to try this by way of the certified check that persons are already utilizing on the streets at the moment.”

Not like alcohol, which has many years of analysis indicating that 0.08 % blood alcohol focus causes impairment, THC use doesn’t have a longtime and roundly accepted threshold. Below present regulation, a Hoosier with any THC of their system might be charged for working a motorcar whereas intoxicated with out another proof—or a “per se” statute.

“We’d like a threshold of some sort,” mentioned Michael Moore, testifying on behalf of the Public Defender’s Council. “We would like it to be intoxication or proof of intoxication, but when they’re going to maintain the per se statute, some threshold—like 5 nanograms…would have been a transfer in the best route.”

House Bill 1119, by McNamara, initially would have established a threshold of 5 nanograms of THC in somebody’s saliva as a threshold for working a motorcar whereas intoxicated for authorized functions. However an modification launched by McNamara on Wednesday would enable new check outcomes to be admissible as proof in courtroom—one thing Moore and others didn’t help.

4 Home courtroom committee members raised issues concerning the new language, however in the end solely Rep. Joanna King (R-Middlebury) voted in opposition to the measure.

“I’m involved about false positives,” King mentioned. “I simply suppose this wants an extended, deeper look.”

Needed: A check for THC impairment

Illinois, Michigan and Ohio every have legalized leisure entry to marijuana, whereas Kentucky has legalized the drug for medicinal use. Lawmakers have repeatedly opposed any efforts to manage marijuana for both objective.

However 1000’s of Hoosier cross these state borders usually, maybe buying THC in a smokeable or edible type, and probably legally use the drug earlier than passing again over Indiana’s borders.

They might be charged even when they aren’t impaired because the state doesn’t have an outlined threshold.

McNamara instructed committee members she’d labored with a researcher for 2 years to craft the invoice, which specifies that measuring THC ranges in “oral fluids” have to be with the Drager DrugTest 500 or SoToxa Oral Fluid Cell Take a look at System.

“Oral fluids” primarily refers to saliva.

The latter checks are at the moment obtainable to regulation enforcement officers by way of grants from the Indiana Legal Justice Institute and display screen for different medication like amphetamines, cocaine, opiates and benzodiazepines, in keeping with McNamara.

She continued to say that SoToxa’s cutoff for a “constructive” check was 25 milligrams of THC, whereas Drager had a decrease threshold at 5 milligrams.

In response to committee questions, McNamara mentioned she opted to incorporate particular manufacturers due to their reliability, slightly than a generic time period.

“When you’re going to do that, you wish to be certain—from county to county—that you just at the least have some consistency… Consistency is the important thing proper now, because it’s so new,” McNamara mentioned.

Taking the checks to courtroom

Chris Daniels, a visitors security useful resource prosecutor with the Indiana prosecuting attorneys council, mentioned that each state wrestled with one of the simplest ways to measure driver drug impairment throughout numerous drug sorts.

“Drug driving is an growing downside; it’s costing an increasing number of lives throughout the nation and within the state,” Daniels mentioned.

The amended invoice explicitly says that regulation enforcement could not arrest somebody “solely” due to their check consequence. As an alternative, the outcomes are meant for use as proof to assist a jury decide, McNamara mentioned.

Daniels referred to as it an “rising science” and mentioned prosecutors wouldn’t be capable of “rely solely” on check outcomes from both SoToxa or Drager. Different proof may embrace a blood check, weaving on the street or failing a sobriety check.

“We might nonetheless should show that any individual was intoxicated below that statute—or we’d nonetheless should show that the substance was in any individual’s blood—however having that oral fluid consequence are available in would assist bolster these outcomes,” Daniels mentioned.

For Moore, that wasn’t sufficient of a safety.

“Regardless that they will’t make an arrest for a constructive consequence on these two checks, they will nonetheless cost somebody. That, in fact, will be delivered to courtroom [and they’d] should reply and endure a punishment,” Moore mentioned. “These check outcomes will are available in with none actual proof to refute it.”

Moreover, the invoice permits for state lab technicians to remotely testify in courtroom in sure circumstances, lessening the burden on the overtaxed company. Daniels mentioned technicians had already spent 75 hours touring and 5 hours testifying in 2025.

This story was first published by Indiana Capital Chronicle.