Rules of the Road

While the budding question of cannabis legality has only recently taken hold in a handful of places around the world, many governments are starting to see the inevitable task of how to deal with the public’s demand. Whether it is with a certain level of decriminalization or full legalization, no matter where they may stand or what direction they may take on the issue, one major question directly involved with cannabis reform always rises to the surface: “How can a government regulate cannabis DUI’s in a way that’s fair and just for everyone?”

In Italy, they are currently shifting back to their previous, more lax, cannabis laws from the more draconian legislation of recent years.  Highly regarded Italian doctor, Elio Santangelo—who specializes in legal medicine and insurance liabilities—has written a book called, “Driving While Being Physically and Mentally Impaired: The Question of Cannabis.”  

Within the 80 page book—intended to be used as a legal tool—the author questions  the fundamental problems with today’s scientific knowledge on the physiological conditions that come with the ‘high’ brought on by cannabis and its effect on operating a vehicle . In the book, Dr. Santangelo says, “There is still no unanimous position on the possible correlation between certain blood concentrations of psychoactive substances (such as in the case of cannabis) and its effects on driving.” The reader will find a well-constructed argument for the need of new scientific approaches in studying cannabis’ effect on the body and brain.”

Obviously, this is an issue whose time has come, as many countries use old and imprecise methodologies for testing for THC intoxication—which can incriminate someone who might not technically be ‘high’ at the time that they are checked. Current roadside tests only show if a person is positive or negative for THC in their blood. This means that a person who hasn’t consumed any cannabis for days or weeks could still come up positive and be incriminated for a crime that they aren’t actively committing. 

In a country such as Italy—where the penalties for driving under the influence of cannabis include 6 months jail time, the confiscation of the vehicle and up to an $8000 fine— Santangelo’s book could directly aid in the improvement of legal defense for people unjustly accused of such a crime.

The report even targets the reliability of the regulations set in places such as Colorado, where police are specifically testing for THC levels. Anything over 5 Nano-grams of the substance in a drivers system is equal to being over the .08 alcohol limit. According to the doctor, what can be considered unreliable in this particular test are the actual intoxicating effects of cannabis and its dependence upon many factors. 

For example, someone who doesn’t smoke often is affected much more intensely by a single dose of cannabis than a daily smoker, while someone smoking for the second or third time in a day—or simply ingests cannabis regularly, is less affected.

With the recent release of the book, it shouldn’t be long before a legal scenario involving an unjustly accused cannabis DUI case uses the unanswered legal questions posed by Dr. Santangelo in their defense.  Such a legal approach and argument could bring much needed attention, not only to the book, but to the issue of creating new studies on the effects of cannabis overall.