Drugged Driving: MN Police Warn Motorists As Cannabis Becomes Legal

SAINT PAUL, MN — The Minnesota Department of Public Safety on Tuesday began warning motorists about the consequences of drugged driving. The messaging — "Driving High is a DWI" — comes just days out from when recreational consumption of cannabis becomes legal under state law.

"Impaired is impaired on the road, regardless of the substance, and the effects can be tragic for everyone else on the road," said Col. Matt Langer, chief of the Minnesota State Patrol, in a news release.

"Our focus is on impaired driving, regardless of substance, and keeping Minnesotans safe by enforcing the law. Just like with alcohol, anyone opting to consume cannabis needs to make the right choice by planning a safe and sober ride."

Laws restricting drug use while driving

Starting Aug. 1, Minnesotans who are 21 and older can legally possess and use cannabis and cannabis products. But police are reminding residents that it’s still illegal to operate a motor vehicle, boat, off-highway vehicle, or snowmobile while impaired by cannabis.

Under the new state cannabis law, it is illegal for:

• The driver is to be impaired by marijuana or other cannabis products
• Drivers or passengers to open any cannabis packaging or use any cannabis products
• Drivers or passengers to have an unsealed container of marijuana
  • An unsealed container may be kept in the trunk of a car or another area not accessible by the driver or passengers

Enforcement efforts

During the 2023 legislative session, lawmakers approved funding for drugged driving detection efforts, including:

• Expanded drug recognition evaluator (DRE) training programs
• An oral fluid pilot project that will test a tool that law enforcement can use to evaluate a driver for possible drug impairment by cannabis or other substances.
  • The roadside test is similar to the preliminary breath test that law enforcement uses to detect drunk driving
  • Samples from the pilot project are not admissible in court

Drugged driving incidents on the road are increasing in Minnesota, according to state data:

• Drugged driving accounted for 6,941 DWI incidents from 2012-2016
• Drugged driving accounted for 15,747 DWI incidents from 2017-2021, a 127 percent increase

"In cases involving driving under the influence of drugs, cannabinoids are one of the most prevalent drug classes indicated in the screening of blood and urine samples," the DPS said.

"They are often seen in conjunction with other controlled substances and alcohol."