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

“I’m concerned about false positives…I just think this needs a longer, 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. But determining when somebody is just too excessive to drive has confirmed to be a troublesome process.

“THC is probably one of the trickiest things I’ve ever tried to nail down,” shared Rep. Wendy McNamara (R-Evansville). “And two things I’m trying to do with this bill…[is] give the state of Indiana an opportunity to figure out who are impaired drivers [and] being able to do that through the qualified test that people are already using on the streets today.”

Unlike alcohol, which has many years of analysis indicating that 0.08 p.c blood alcohol focus causes impairment, THC use doesn’t have a longtime and roundly accepted threshold. Under present regulation, a Hoosier with any THC of their system could possibly be charged for working a motorized vehicle whereas intoxicated with out another proof—or a “per se” statute.

“We need a threshold of some kind,” stated Michael Moore, testifying on behalf of the Public Defender’s Council. “We would prefer it to be intoxication or evidence of intoxication, but if they’re going to keep the per se statute, some threshold—like five nanograms…would have been a move in the right direction.”

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 motorized vehicle whereas intoxicated for authorized functions. But an modification launched by McNamara on Wednesday would enable new take a look at outcomes to be admissible as proof in court docket—one thing Moore and others didn’t help.

Four House court docket committee members raised issues concerning the new language, however finally solely Rep. Joanna King (R-Middlebury) voted towards the measure.

“I’m concerned about false positives,” King stated. “I just think this needs a longer, deeper look.”

Wanted: A take a look at 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 control marijuana for both objective.

But hundreds of Hoosier cross these state borders often, maybe buying THC in a smokeable or edible kind, and probably legally use the drug earlier than passing again over Indiana’s borders.

They could possibly 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” should be with the Drager DrugTest 500 or SoToxa Oral Fluid Mobile Test System.

“Oral fluids” primarily refers to saliva.

The latter exams are at the moment out there to regulation enforcement officers by means of grants from the Indiana Criminal Justice Institute and display screen for different medicine like amphetamines, cocaine, opiates and benzodiazepines, in response to McNamara.

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

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

“If you’re going to do this, you want to make sure—from county to county—that you at least have some consistency… Consistency is the key right now, since it’s so new,” McNamara stated.

Taking the exams to court docket

Chris Daniels, a site visitors security useful resource prosecutor with the Indiana prosecuting attorneys council, stated that each state wrestled with the easiest way to measure driver drug impairment throughout varied drug varieties.

“Drug driving is an increasing problem; it’s costing more and more lives across the country and in the state,” Daniels stated.

The amended invoice explicitly says that regulation enforcement might not arrest somebody “solely” due to their take a look at end result. Instead, the outcomes are meant for use as proof to assist a jury decide, McNamara stated.

Daniels known as it an “emerging science” and stated prosecutors wouldn’t have the ability to “rely solely” on take a look at outcomes from both SoToxa or Drager. Other proof may embody a blood take a look at, weaving on the highway or failing a sobriety take a look at.

“We would still have to prove that somebody was intoxicated under that statute—or we would still have to prove that the substance was in somebody’s blood—but having that oral fluid result come in would help bolster those results,” Daniels stated.

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

“Even though they can’t make an arrest for a positive result on these two tests, they can still charge someone. That, of course, can be brought to court [and they’d] have to answer and suffer a punishment,” Moore stated. “These test results will come in without any real evidence to refute it.”

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

This story was first published by Indiana Capital Chronicle.

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