In a bid to raise safety awareness this holiday season, Oregon Governor Kate Brown has declared December to be “3D Month”, a term which, according to Bend TV station KTVZ, is shorthand for “Drunk and Drugged Driving Awareness Month.” Or, as the station’s web headline succinctly puts it: “Reminder: Recreational pot legal, DUII is not.”
The article quotes the head of the Governor’s Advisory Committee on DUII noting that “drivers have a responsibility to drive sober and to not use imparing substances… we want to keep people from making a poor choice that harms themselves and others.”
From a legal perspective the key phrase here is “imparing substances.” DUII in Oregon is covered by Chapter 813 of the Oregon Revised Statutes. Section 813.010 defines the offense as operating a vehicle with a blood alcohol level of “0.08 percent or more” or while “under the influence of… a controlled substance or an inhalant or” any combination of those three things. Put another way, from a legal perspective the question is not so much what you have consumed but whether it affects our ability to drive a car or truck. If it does (and pot definitely falls into that category) then it makes you subject to DUII penalties even if alcohol as such is not involved.