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HURON, S.D. (Dakota News Now) – Getting behind the wheel under the influence can create a lot of legal issues for the offender.
Alcohol use has clearly defined limits, while cannabis levels can create legal issues for those prosecuting, too.
If a driver is pulled over for being under the influence, their blood level will be tested, and there are parameters for what is over the legal limit.
When it comes to marijuana, however, there is no limit set, and that’s making it a challenge for state prosecutors.
“It’s a public safety issue,” said Beadle County State’s Attorney Michael Moore.
Moore wants to make sure those in his county and across the state are safe.
“People that are driving under the influence are making it dangerous for everyone else,” said Moore.
The parameters for alcohol in a driver’s system are clearly defined.
“You had a presumption that they’re under the influence at a certain level, and that’s .08 in South Dakota.”
But when it comes to cannabis or other drugs, “there is no presumption. That’s something that we could use as evidence but there’s nothing to say well, this amount in their blood, this amount in their urine indicates that they’re under the influence,” Moore said.
In some cases where an officer believes the driver failed a field sobriety test, a jury may think otherwise.
“They’re not trained in what the officers are trained in — what to look at. They don’t see the eyes. It’s not close up. It’s not that great of a video, but if they don’t see him falling down, they’re not convicting,” Moore said.
Moore believes the legislature could further define what is considered over the limit for cannabis.
“Point — when you have this amount in your blood, that they then determine that that’s a presumption that you’re under the influence of the marijuana, and I think that’s something that South Dakota needs to look at.”
The state of Colorado has set a limit of five nanograms or more of THC per milliliter of whole blood. Setting a limit in South Dakota could help to serve justice.
“Get to the point where a test settles the question, like it does in alcohol,” said Moore.
Moore says another challenge in prosecuting is the turnaround time for results from the state testing lab.
While blood alcohol levels are usually sent to prosecutors in about a month, the results for cannabis can take up to four months.
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