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This article from Connecticut Public PBS contains important information concerning the simultaneous consumption of marijuana and alcohol and why this combination is so dangerous.
Our focus in this blog post, as always, is to help employers protect their employees, members of the public, and their reputation against the tort of respondeat superior. Respondeat Superior is the legal action and related liability exposure when an employee injures someone during employment. And as mentioned at the bottom of this blog post from the article “You need mental clarity, you need your reaction time, you need your perception time, so anything that’s going to diminish any of those skills and those responses is going to make you a worse driver,” Jackson said.
This article in Forbes explains the tort of respondeat superior in more detail.
From the Connecticut Public PBS article, it is not only alcohol that is impairing drivers, it is other drugs as well. Many traffic safety experts and organizations that study the impact of impaired driving are examining whether the legalization and commercialization of marijuana and cannabis products is having an impact on the level of impaired driving incidents on the roadways.
Cannabis and other drugs may contribute to alcohol-involved crashes
Jackson said that in Connecticut, they are looking at whether the legalization of recreational cannabis plays a role in the impaired driving incidents. However, he adds that some of the drug test data is not 100% complete, in part, due to something called “stop-testing.” He explained that when a person suspected of driving under the influence is tested for alcohol and is found to be above the 0.08 limit for blood alcohol content, authorities stop testing for other substances.
“They don’t test for any other drugs,” Jackson said, “because they can’t prosecute on those. Essentially once they have that 0.08 BAC, they stop all testing because they have enough information to proceed with a prosecution, so I would say a lot of the times we’re maybe under-reporting on crashes with THC and even other drug use.”
Some experts worry that with the de-stigmatization of cannabis as it has become legal and easily accessible, many users may not realize the effects it can have on impairment.
And an important comment about the combination of drugs and alcohol;
“One of the well-known effects of cannabis is it slows down digestion,” said Steven Kinsey, a professor and director of the Center for Advancement in Managing Pain at the UConn. “The THC slows down digestion; it can slow down alcohol absorption and so the alcohol effects can last longer than they would have if the person hadn’t also smoked cannabis.”
Jackson said the increase in THC-related products also poses a risk.
“The gummies and edibles are almost more dangerous than smoking for transportation safety,” he said. “Because everybody reacts differently and even depending on how much you ingest and how often you ingest, it hits you differently at different times.
As a result, an unaccustomed user of cannabis might misjudge their level of impairment even hours after they’ve stopped drinking alcohol.
“You need mental clarity, you need your reaction time, you need your perception time, so anything that’s gonna diminish any of those skills and those responses is going to make you a worse driver,” Jackson said.
He offered advice to users of THC products.
“The rule of thumb is that if you ingest cannabis, give yourself four to six hours before you drive,” Jackson advised. “Stay home, relax, do what you want you to do in the safety and comfort of your own home and don’t get out on the roadways.”
“It’s never going to end well,” he said, if drivers decide to get behind the wheel too soon.
James P. Randisi, President of Randisi & Associates, Inc., has been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs since 1999. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about the rights of employees who test positive for marijuana, Mr. Randisi can be contacted by phone at 410.494.0232 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
