Virginia officials are considering measures to reduce rock driving

Officials in Virginia are looking at ways to discourage drivers from getting behind the wheel after getting stoned, the Commonwealth’s latest effort to streamline its new adult-use cannabis law.

The Virginian Pilot reports that “the Virginia Crime Commission — an arm of the General Assembly charged with investigating criminal justice matters and making recommendations — [has] discussed some possible steps police and sheriff’s offices can take to address driving while intoxicated” and that the “commission is expected to meet on December 5 to finalize its proposals for the next legislative session beginning in January.”

“One thing will be considered at the November 16 commission meeting: changing state law to allow roadside screening devices, where officials and lawmakers can have a driver swab his or her cheek to collect saliva in order to testing him for marijuana and other drugs,” the outlet reported this week.

“Virginia officials said the ‘oral fluid tests’ being considered for detecting marijuana poisoning are similar to a ‘preliminary breath test’ — a roadside breathalyzer test. While the test results are not admissible in court, they can help determine when the cannabis was consumed and can be combined with other factors to provide a probable cause for extensive blood testing,” the publication continued.

Kristen Howard, the executive director of the Virginia Crime Commission, told the Virginian Pilot that officers “can wipe the inside of someone’s mouth and you get a positive or negative result and it just gives you some clues.”

“It was designed to show the recency of use – how many hours ago you used this drug,” Howard explained.

The moves come within a month of a Virginia Cannabis Control Authority (CCA) survey showing a large number of Virginians are comfortable smoking and driving.

According to the survey, about 23% said they’d used weed in the past three months, and about 14% of drivers in the state said they’d gotten high multiple times in the past year.

The poll also showed that a third believe marijuana improves their ability to drive safely.

Virginia officials sounded the alarm about the poll results.

“These findings are worrying and underscore that the General Assembly was correct in directing the CCA to conduct a safe driving campaign,” said John Keohane, chief executive officer of the Cannabis Control Authority.

Jeremy Preiss, CCA acting head and chief officer for regulatory, policy and external affairs, said the agency needs to make the issue a priority.

“As the public safety and public health agency, the CCA currently has no greater priority than creating a well-funded, aggressive and sustained campaign aimed at reducing the incidence of marijuana-impaired driving,” said Preiss.

Virginia legalized recreational cannabis last year, becoming the first Southern state to do so.

But that came under a Democratic governor, Ralph Northam. Republicans retook the governor’s mansion last year when Glenn Youngkin was elected.

Youngkin said from the start that he had no interest in reversing the marijuana law, but his election — as well as regaining Republican control of the House of Representatives — has hampered its implementation.

The Democrat-controlled state Senate passed legislation earlier this year to speed up the introduction of recreational pot sales, but the legislation was defeated in the House of Representatives.

Before taking office earlier this year, Youngkin shared his vision for the new cannabis program.

“When it comes to commercialization, I think there is still a lot to do. I’m not against it, but there’s still work to be done,” Youngkin said. “There are some non-starters, including the forced unionization that is in the current bill. Law enforcement officials have raised concerns about how the loophole in the laws will actually be enforced. Finally, it is imperative to ensure that we are not promoting an anti-competitive industry. I understand there are preferences to ensure all participants in the industry are qualified to do the industry well.”