New Bill Seeks To Set THC Limit For DUI In Kentucky As Debate Over Weed Decriminalization Heats Up

As Governor Andy Beshear (D) pushes to expand medical marijuana access in Kentucky with an additional 15 conditions for which it can be dispensed, state lawmakers are seeking to keep the commonwealth’s laws unchanged through new policy changes.

Beshear signed Senate Bill 47 into law, making Kentucky the 38th state in the nation to allow access to medical marijuana for patients with debilitating conditions. The regulatory framework was created ahead of the full implementation of SB 47, which goes into effect on Jan. 1, 2025.

Now, a new measure seeks to modify the existing state law by including language regarding the level of marijuana concentration that qualifies as impaired while driving, reported Courier-Journal.

Senate Bill 32, from state Sen. Johnnie Turner (R) would establish a legal threshold of five nanograms of THC per milliliter of blood for a test conducted within a two-hour window after operating a vehicle.

Currently, under Kentucky law, any driver that tests positive for having traces of THC in their blood is considered under the influence, even though the psychoactive component in marijuana could be traceable in blood or saliva for as long as 24 hours, long after its effects fade away.

Turner emphasized marijuana needs to be addressed like alcohol.

“We have standards for alcohol and other medications … but there’s nothing for marijuana,” he said.

Local Authorities At Odds With Weed Decriminalization Proposal

In the meantime, a separate measure, House Bill 72 introduced by Democratic Rep. Nima Kulkarni earlier this month, proposes to decriminalize the of possession, cultivation and selling of recreational marijuana for those 21 and older, under the condition that the quantities involved are considered for “personal use.”

The limited legalization measure would allow possession of up to an ounce of marijuana, five grams of marijuana concentrates like delta-8 THC or up to five cannabis plants, first reported Marijuana Moment.

The proposed measure resulted in a conflict among local authorities in days following its introduction, writes WBKO.

"How would you ever police that?" asked Tommy Loving, executive director for the Kentucky Narcotics Officers' Association. "An individual inclined on growing marijuana and selling it would pretty much have a free ticket to produce up to 15 pounds a year, in a best-case scenario."

Deputy Director for Kentucky NORML Lauren Bratcher stressed that it is difficult to determine what qualifies under the term "possession."

"A 30-day supply is often what is talked about in the medical terms, but that's subjective with the patient," Bratcher said. "It's very hard to actually say what is possession and what isn't. On paper, it's based on the laws surrounding trafficking."