an member station
When is the influence not the influence? That's the scientific and legal question now facing Nevada officials as they implement medical marijuana laws. Obviously driving under the influence of the drug is illegal but how do the police determine if a user was definitely under the influence? There is no easy test like a breath test or blood test - the standard procedure for driving under the influence of alcohol.
Some experts and officials suggest we should follow California's standard of how the driver performs but that could create the problems of subjective judgment that once caused problems for prosecuting drunk driving. On the other hand, it is obviously unjust to use the existing blood test, which can show traces of marijuana in the blood for 30 days - long after the driver is no longer affected by the drug.
State Sen. Tick Segerblom, D-Nev.