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As the Bluegrass State prepares to legalize medical cannabis and more nearby states loosen their marijuana laws, one senator from Eastern Kentucky wants to ensure the commonwealth’s laws covering driving under the influence keep up.
Senate Bill 32, from Sen. Johnnie Turner, R-Harlan, would add language to existing state law that would clarify what level of marijuana concentration in the system of a person driving a car qualifies as being under the influence.
Kentucky law does not set a specific legal limit — a driver is considered under the influence if any traces of tetrahydrocannabinol, the psychoactive component in marijuana known as THC, are detected upon a blood test. Meanwhile, THC may be detected in blood or saliva up to 24 hours after use, long after its effects wear off.
Turner’s bill, if passed, would set a legal limit of five nanograms of THC per milliliter of blood in a test taken within two hours of driving a vehicle. Defendants in DUI cases would be presumed as not being under the influence if test results included a result lower than four nanograms, and cases between four and five nanograms would not presume a defendant is guilty or innocent but could be taken into account with other evidence.
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