Smoke a Joint, Lose Your License

Jacob Sullum | November 19, 2002

The Robert Wood Johnson Foundation wants every state to adopt "zero tolerance" laws for driving under the influence of drugs. Under that approach, which eight states have adopted, a positive drug test is enough to convict. The problem is that traces of illegal drugs, especially pot, linger days or even weeks after consumption, so a positive result does not mean someone is unfit to drive. That's why most states require evidence of current impairment, not just drug use sometime in the recent past. But the lead author of the RWJ report, drug testing consultant Michael Walsh, argues that all drug users, whether or not they're actually under the influence, should be treated like drunk drivers. "If DUID laws were consistent and easier to apply," he says, "we could identify these individuals and get them into treatment before they become a serious threat to public safety." By the same logic, the highway patrol should be arresting all drinkers, even if they're not intoxicated on the road.