St. Joseph Michigan Criminal Defense Blog

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THC driving test

Michigan House Legislation Would Set Maximum THC Level While Driving

THC driving test

Michigan’s House Judiciary Committee approved legislation that would set up a panel to recommend the legal limits of THC a person may have in the body while driving. Once the commission establishes the levels that impair a person’s ability to drive, a limit similar to the maximum blood alcohol level would go into state law. The House may choose to take action now that the bill has made it out of committee.

New Legal Limits for THC

Five states currently have no minimum or maximum amount THC levels. In these states, any amount of THC can lead to a drugged driving charge and conviction. The problem is THC can stay within the body for a long time after it has the ability to affect someone’s driving. It may be detected in the saliva, blood, hair or urine even when it has no impact.

If the House panel were established, members with expertise in marijuana, drugged driving and/or substance abuse would study the effects of THC and recommend a maximum level, as has been done with the 0.08 maximum blood alcohol level. Any driver exceeding that level is considered intoxicated with alcohol and would be arrested and found guilty of drunk driving.

Impaired Driving Safety Commission Act

An attorney currently has no legal limit for THC to stand on when someone is charged with drugged driving. The panel recommendations would create a much fairer situation with respect to toxicity levels. Drivers who had ingested marijuana earlier yet were not intoxicated at the time of the police stop would not be subject to drugged driving arrests and convictions (per THC).

If passed in the House, the Impaired Driving Safety Commission Act would be created. Members would be appointed by the governor and include the Michigan State Police director, a forensic toxicologist, research university professors, medical marijuana patients and at least one medical doctor. This commission would receive grants for the study and report to the governor and legislature by mid-2017.

If you have been arrested for drugged driving and need expert legal representation contact Peter J. Johnson Law Office, PLLC . With over 45 years of experience and successfully helping clients we are the defense attorneys you can count on. For further information or to schedule an appointment please contact us at 269.982.1100 or visit

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