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As recreational cannabis becomes more and more accessible in Minnesota, law enforcement is dealing with the complicated issue of determining when someone is driving high.
A 2024 AAA survey found that nearly 85% of pot users say they drove the same day as they used. Those surveyed also said they used within an hour of driving.
A Minnesota pilot program on cheek swab testing found that 87% of those pulled over for suspected driving under the influence of drugs tested positive for at least one drug, the most common being marijuana. Many might not know how cannabis impacts their driving abilities.
“A lot of what we do is educating the public on that. The laws come very fast, they are confusing, so that is part of our job as well,” said Sgt. Tyler Milless with the Minnesota State Patrol.
For the cheek swab test, troopers are looking for what’s called Delta-9.
“The oral fluid device only tests for the active ingredient in cannabis, for Delta-9 tetrahydrocannabinol,” said Milless. “Delta-9 is the primary ingredient in cannabis. That is what causes impairment.”
But the swab test is not admissible in court.
“If there is suspected products or substances other than alcohol, law enforcement would apply for a search warrant and obtain a blood or urine sample from that driver,” said Milles.
One way drivers might end up having a search warrant issued for their blood or urine is that the marijuana is not stored in the vehicle in the legal way.
“Our law is very clear if it is not in the original container or it’s been open, it has be in the trunk or furthest most back area of the car,” said Milles.
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