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Cannabis Policy Topics

Cannabis Transportation Restrictions

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Historical Data: To view historical data for these policies (dating back to 1/1/2012), please see Recreational Cannabis Volume 1 and Volume 2.

Variables: Cannabis Policy Topics: Cannabis Transportation Restrictions

Recreational Use Legalized

A check mark appears in the Recreational Use Legalized column if the jurisdiction has legalized the purchase, possession, or consumption of cannabis for recreational use by an adult.

Impaired Driving Prohibitions - Youth

APIS coding of impaired driving restrictions that apply specifically to youths refer to restrictions that are specific to persons under age 21.  If the jurisdiction specifies an age less than 21 to which a prohibition applies (for example, a prohibition that applies only to persons under 18 years of age), this information is provided in a row or jurisdiction note.

Impaired Driving Prohibitions - Adult

Indicates whether the jurisdiction prohibits driving while under the influence of cannabis, together with any specified THC limit and the evidentiary standard associated with that THC limit.

THC, or delta-9 tetrahydrocannabinol, is commonly measured in nanograms per milliliter (ng/mL) of a person's whole blood.  Some jurisdictions impose legal limits on the amount of THC that a driver may permissibly have in his or her bloodstream, and prohibit operating a motor vehicle with a THC concentration at or above that amount.

In some jurisdictions that impose a THC limit, a per se evidentiary standard applies in prosecutions for violating the legal limit; other jurisdictions with these limits do not apply a per se evidentiary standard.

"Per se" is a Latin phrase meaning "by itself" or “in itself.”  In a jurisdiction that imposes a 5 ng/mL THC limit and applies a per se evidentiary standard, a THC measurement at or above 5 ng/mL is sufficient in itself with no other evidence required to establish a violation.  By contrast, in a jurisdiction that imposes a 5 ng/mL THC limit but does not apply a per se evidentiary standard, a THC measurement at or above 5 ng/mL may be considered as evidence of the driver’s impairment and may be used to support an inference that a violation has occurred, but the inference is only a “permissive” or discretionary one.  It is not required from the mere fact that the THC limit has been exceeded, as would be the case in a jurisdiction applying a per se standard.

Open Container

This variable displays information about whether the jurisdiction permits or prohibits open containers of recreational cannabis or recreational cannabis products in the passenger compartments of non-commercial motor vehicles.

The table displays one of four mutually exclusive coding options:

  • Allowed:  The jurisdiction specifically permits open containers in the passenger area of a motor vehicle, with no stated restrictions.
  • Allowed with Restrictions:  The jurisdiction permits containers of recreational cannabis to be resealed using a specified tamper-evident procedure, and present in the passenger area.
  • Prohibited.
  • No Law:  The jurisdiction is silent with regard to open containers of recreational cannabis in the passenger area of a motor vehicle.