Strict THC limits linger in courts even after pot legalized – Nevada Current

Creative Commons Attribution 2.0 Generic

Tuesday, Jeff Krajnak thought he might going to jail.

“Well tomorrow is the big day. Sentencing and it looks like I’ll be alone in the courtroom again. Thanks for the support and see you guys in a couple years!” wrote Krajnak in a Facebook post.

On Wednesday Krajnak, an ex-Navy Seabee, was sentenced to five years probation in court for felony reckless driving and driving under the influence of marijuana— which he took medically for PTSD— after getting into a car crash that resulted in the death of another driver.

Results of a blood analysis showed Krajnak had more than eight times the legal amount of marijuana metabolites in his system and double the legal limit of the psychoactive ingredient in marijuana— THC.

Nevada criminalizes driving with a set amount of THC in a person’s system under per se law. The per se THC limit in Nevada is 2 nanograms per milliliter of blood or two parts per billion, a limit so low almost any amount of use can result in a conviction of DUI under the current law.

In the opinion of the state trooper who interviewed Krajnak after the crash, Krajnak was not visibly impaired and passed all field sobriety tests.

“This case poses a lot of questions for me,” said Judge Carolyn Ellsworth, who presided over the trial. “You’ve got an officer who says in his opinion the driver was not impaired so we’re going with the per se theory of liability.”

Road incidents involving marijuana-impaired drivers have been a major concern to lawmakers. The relationship between marijuana legalization, how to gauge impairment, and implement that into traffic laws is still relatively untested.

Unlike alcohol, there is little scientific research on what specific amount of marijuana in a person’s system means impairment. While

Read More Here...

Leave a Comment