Bill could make Oklahoma first state to implement marijuana breathalyzers

OKLAHOMA CITY (KOKH) — Marijuana users could have a new reason to think twice before getting behind the wheel.

A bill making its way through the Oklahoma legislator would approve marijuana breathalyzers to be used throughout the state.

According to the national survey on drug use and health, nearly 1,200 people drove while high in 2018.

Rep. Scott Fetgatter, R-Okmulgee, who helped file the bill says, "There is really not a good solution to determining impairment on a traffic stop."

At this point, authorities can only test for pot using blood, urine, or hair where it can remain for days if not weeks, but a company called Hound Labs claims to have developed a breathalyzer that can test for THC.

Fetgatter says, "I called them, they came to Oklahoma. We met and decided to do a pilot program for law enforcement across the state."

Fetgatter is pushing full speed ahead on a $300,000 project to get these devices into the hands of Oklahoma authorities.

But DUI attorney John Hunsucker says the state might want to pump the breaks.

"The problem is they’re not full proof devices, they have false positives they can be manipulated, they’re a machine," saysHunsucker. "The Oklahoma law has not necessarily caught up with the new marijuana laws."

The state level for driving while under the influence of alcohol is .08, but no standard has been set for marijuana.

Hunsucker says, "That hasn’t been done with THC. We don’t know how a level in your system correlates to actual impairment on your brain. There hasn’t been enough testing yet."

Fetgatter says he understands the complications and that no one would be arrested for driving high during the pilot program.

"We just want our laws to reflect fairness in medical marijuana patients," says Fetgatter.

Estimating almost a year's worth a data would be needed before Oklahoma can hit the gas on the new technology.

Hunsucker says, "I think that’s going to be the critical issue is, it’s not going to be like alcohol."

Fetgatter says, "We would like to get it implemented as soon as possible."

The Department of Safety said they’re just now hearing of the pilot program.

They also say it could take them up to a year before they’re even capable of implementing it.

The bill now heads to the Senate.