Toward A Rational Policy For Dealing With Marijuana Impairment – Moving Beyond 'He Looked Buzzed To Me, Your Honor'

McNichol, William

Toward A Rational Policy For Dealing With Marijuana Impairment – Moving Beyond 'He Looked Buzzed To Me, Your Honor'

McNichol, W.J., Toward A Rational Policy For Dealing With Marijuana Impairment – Moving Beyond “He Looked Buzzed To Me, Your Honor” 45 So. Ill. U. L.J. 1 (2020)

44 Pages Posted: 1 Feb 2021

See all articles by William McNichol

William McNichol

Rutgers, The State University of New Jersey - Rutgers Law School

Date Written: December 17, 2020

Abstract

This paper examines how marijuana impairment is currently proven, especially in states where marijuana has been legalized under state law. Much of the currently used proofs, and in particular testimony of purported Drug Recognition Experts, and some legislatively imposed standards are scientifically unsound and their use should be discontinued or severely limited. It is recommended that development of a valid biochemical proxy for marijuana impairment should be a priority funding item in states where marijuana is legalized.

Keywords: Marijuana, DRE, Drug Recognition Expert

Suggested Citation: Suggested Citation

McNichol, William, Toward A Rational Policy For Dealing With Marijuana Impairment – Moving Beyond 'He Looked Buzzed To Me, Your Honor' (December 17, 2020). McNichol, W.J., Toward A Rational Policy For Dealing With Marijuana Impairment – Moving Beyond “He Looked Buzzed To Me, Your Honor” 45 So. Ill. U. L.J. 1 (2020) , Available at SSRN: https://ssrn.com/abstract=3750999