NJ’s driving-high laws under debate

Lawmaker's bill would require blood sample if drivers are suspected to be under the influence

Melissa Rose Cooper, Correspondent | March 6, 2024 | Law & Public Safety

Three years after the state legalized recreational cannabis, law enforcement agencies are still trying to figure out the best way to determine if someone is driving high.

A new bill would crack down on drivers suspected of being under the influence by requiring suspects to give a blood sample to police. But cannabis and civil liberties experts are pushing back, saying the bill would allow for a blood sample without a warrant, something prohibited by federal law.

“This is a horrible idea, frankly,” said Joshua Bauchner, a partner at Mandelbaum Barrett. “The science confirms that blood testing does not result in any kind of conclusions regarding impairment. And there have been numerous studies issued by National Institutes of Health studies that have been published in the Journal of the American Medical Association, which unequivocally find that blood testing does not present any evidence of impairment.”

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