Marijuana legalization proponents often argue that cannabis should be treated like alcohol – legal to use, but illegal to drive while impaired. But how do you enforce that? With alcohol, decades of science have given us procedures and tests to determine the blood-alcohol level at which a driver is impaired with reasonable accuracy. With marijuana, that’s not the case.
Why Can't We Treat Marijuana Use Like Alcohol?
Marijuana legalization proponents often argue that cannabis should be treated like alcohol – legal to use, but illegal to drive while impaired. But how do you enforce that?

Marijuana legalization proponents often argue that cannabis should be treated like alcohol – legal to use, but illegal to drive while impaired. But how do you enforce that?
Photo: Wikimedia Commons
“We’re nowhere near being able to have a device that measures impairment,” says Gina Kesler, CEO of Impact Employee Solutions, a third-party drug testing administrator serving primarily transportation.
Not that there aren’t plenty of companies trying. In fact, there already are devices available, but the accuracy has been questioned.
In a new study reported from Australia, researchers from the University of Sydney found that two devices used by police in New South Wales were found to have produced inaccurate results when testing for cannabis, according to the Sydney Morning Herald.
Researchers found the devices products false positive readings when THC concentrations in the saliva were very low or negligible 5% to 10% of the time, but also frequently failed to detect high amounts of cannabis use, showing false negative results 9% to 16% of the time.
“We know from over 50 years of alcohol that a certain amount of alcohol, no matter the person’s size, they are impaired after reaching certain blood alcohol levels,” says Matt Goledzinowski, research scientist with Alcohol Countermeasure Systems, a manufacturer of alcohol screening devices and ignition interlock systems. But with many drugs, including marijuana, he says, there’s not a direct correlation between the amount of the drug in the blood and the level of impairment.
“Most legislators want to have a number,” as there is for alcohol, Goledzinowski says. “But this is not scientific.”
“From plant to plant and leaf to leaf you can get different potency rates,” Kesler says. “There’s no scientific rate to measure that. And it’s also highly based on the frequency you smoke or ingest it, and how you metabolize it.”
In addition, unlike other drugs and alcohol, marijuana is fat soluble. “Everything else will be out of your system within 96 hours, because you’ll sweat it out, pee it out, cry it out,” Kesler says. “But that’s not the case with marijuana.”
That means the impairing effects of marijuana dissipate far sooner than it disappears from your system.
Goledzinowski says habitual or medical users of marijuana will have THC in their bodies, in the fat, in the brain, at a low level all the time – but the person might not be impaired at all, even though it’s showing up in their blood. “On the other hand, if someone’s a first time user, taking a moderate dose of marijuana, he might be very impaired – yet the blood content might be low.”
Marijuana is metabolized very quickly, he explains, reaching its maximum concentration in the blood only a few minutes after smoking – but it still stays in the fat and in the brain. So THC levels in the blood tend to spike shortly after smoking, meaning a novice user could be more impaired than their blood levels may suggest. On the other hand, regular users may have high THC levels in their blood over 12 hours after consuming.
That’s why proper training of law enforcement on how to detect marijuana impairment is so important, looking for signs such as pupil dilation, bloodshot eyes, a white-coated or green-coated tongue, poor balance during roadside testing, a high pulse, and an inability of person’s eyes to converge as he or she tries to focus on a stimulus like a finger or a pen.
In Colorado, for instance, the law specifies that drivers with five nanograms of active tetrahydrocannabinol (THC) in their whole blood can be prosecuted for driving under the influence. “However, no matter the level of THC, law enforcement officers base arrests on observed impairment,” according to a FAQ on the Colorado DOT’s website. Many Colorado Law Enforcement Officer have received advanced training in Advanced Roadside Impaired Driving Enforcement, and law enforcement agencies have specially trained Drug Recognition Experts on staff that can detect impairment from a variety of substances.
Goledzinowski says another problem with blood levels for drug impairment is that in countries that have enacted such limits, people will do a “cocktail” and be impaired while staying under the blood limits for each specific substance. “Even if you establish a legal limit for every drug like they did in Norway, if you have a little bit of everything, you are still not being charged because you’re below the legal limit. This is a growing trend. That’s why in my opinion it’s very important to check the impairment on the roadside first.”
More Safety & Compliance

Avoiding Winter Pileups: Don’t Become the Next Link in the Crash-Chain
Winter roadway “pileups” aren’t one crash — they’re a chain reaction. Here’s what triggers them, how truck drivers can spot the danger early, and what to do if you're suddenly trapped in the mess.
Read More →
FMCSA’s Motus System Is Coming. What Fleets Need to Know Now
The long-awaited registration system promises a single portal — and tighter fraud controls.
Read More →
Nominations Open for HDT Truck Fleet Innovators 2026
Heavy Duty Trucking is searching for forward-looking leaders at trucking fleets as nominations for HDT’s Truck Fleet Innovators 2026. Deadline is May 15.
Read More →
Freightliner Expands Detroit Assurance with New Intersection and Turning Safety Tech
Detroit’s next-generation ABA6 safety system adds cross-traffic detection and enhanced side guard assist with left-turn protection, targeting high-risk urban scenarios.
Read More →
'Beyond Compliance,' Regulations, Driver Coaching on ATRI’s 2026 Research List
The American Transportation Research Institute will examine driver coaching, regulatory impacts — including the "Beyond Compliance" concept —and weather disruptions that shape trucking operations.
Read More →
FMCSA Revamps DataQs to Improve Fairness, Speed of Reviews
New requirements add firm deadlines and independent review steps, addressing long-standing complaints about inconsistent rulings and slow response times.
Read More →
FMCSA Extends Paper Medical Card Exemption … Again
Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.
Read More →
HDT Honors the Best New Products of 2025 at TMC [Photos]
Heavy Duty Trucking's Top 20 Products awards recognize the best new products and technologies. Check out the award presentations at the 2026 Technology & Maintenance Council annual meeting.
Read More →
Detroit Engines: Trusted Performance, Built for What's Next
The Detroit® Gen 6 engine platform proves that real progress doesn’t require a complete redesign. Built on 20 years of trusted technology, these engines are designed for efficiency, stronger performance, and greater reliability than before. And they do it all while complying with 2027 EPA standards on every mile.
Read More →
Aperia Expands Halo Platform with Steer-Tire Inflation System, Fifth-Wheel Integration
Aperia Technologies introduced a new automatic tire inflation system for steer axles and a partnership with Fontaine Fifth Wheel to integrate coupling status into its Halo Connect platform.
Read More →
