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Several factors continue to complicate per-se THC enforcement: States apply different THC concentration thresholds when evaluating suspected marijuana impairment Chemical-test results may not reliably establish when cannabis was consumed or whether active impairment still existed during vehicle operation Frequent cannabis users may maintain detectable THC concentrations despite showing limited signs of impairment Toxicology evidence often becomes the subject of scientific and evidentiary disputes during DUI litigation Marijuana-related DUI investigations frequently involve forensic issues that are less common in alcohol-related impaired-driving cases As marijuana legalization continues expanding nationwide, the debate surrounding per-se THC laws remains one of the most contested areas of impaired-driving enforcement and criminal-defense litigation

Epub 2025 Dec 7

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