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MARINA, Calif. -- For drivers, a .08 blood alcohol level will land you in jail. Now, Senate Bill 289 would amend the state vehicle code to include a zero-tolerance policy for any drugs found in a driver's blood stream. Drugs that people have a prescription for are exempt.
What is not? Medical marijuana. That worries medical marijuana grower Kevin Saunders.
"We are talking about someone who has a medical marijuana card that would smoke a joint on the weekend, and on Tuesday be over that threshold. Maybe while they are driving, they reach down for something, they swerve and get pulled over. Do we want that person charged with a DUI?" said Saunders.
Saunders said since marijuana can stay in your blood for weeks, even months, the new bill could potentially punish people who are not impaired.
"There is no safe amount of any substance," said Officer Robert Lehman, CHP spokesperson.
Officer Lehman said even though there is nothing that can detect the exact amount a person is impaired by drugs, officers are still trained to determine if a person is under the influence. Whether someone smoked days before wouldn't matter, the officer would only evaluate the drivers current condition when pulled over.
SB 289 supporters say the law will only focus on erratic drivers, something CHP officers already do. Saunders said the law will only complicate the process for how officers determine how impaired a person is and put innocent people in jail.
