Expands implied consent law to include blood testing; establishes per se standard for driving under influence of marijuana and certain controlled dangerous substances.
The bill also establishes a per se standard for driving under the influence of marijuana, specifically defining impairment as a measurable blood concentration of 3 nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter. Under this standard, individuals found to exceed this threshold would face similar penalties as those driving under the influence of alcohol. This change marks a pivotal shift in addressing drugged driving, aligning legal standards with a more scientific approach to determining impairment based on measurable substances in a driver’s system.
Senate Bill S2805 aims to enhance public safety by expanding New Jersey's implied consent law to include blood testing for individuals operating motor vehicles. Currently, the law allows for breath tests to determine blood alcohol content; this bill adds the ability to require blood tests to assess the presence of narcotics, hallucinogens, or other habit-forming drugs, effectively broadening the legal tools available to law enforcement. The addition of blood tests demonstrates a recognition of the increasing relevance of drug impairment in vehicle operation, particularly as marijuana use becomes more prevalent with legalization efforts across the state.
Notably, the bill could generate debate among lawmakers regarding civil liberties and the extent of police powers in testing individuals. Critics might argue that expanding implied consent to include blood tests could infringe on personal rights and lead to potential abuse of power by law enforcement. Additionally, there may be concerns about the accuracy and reliability of blood testing, the potential for stigmatization of certain groups, and the broader implications for drug policy within the state. Legislators and the public may need to address these points of contention as S2805 moves through the legislative process.