The Eighth Circuit Court of Appeals has granted Nebraska election officials' emergency motion to stay a federal judge's preliminary injunction that would have changed how petition signatures are counted to get on the ballot in the state.
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Lawmakers weighing whether to legalize weed are grappling with some tricky questions, like: How high is too high to drive? What exactly qualifies as "driving under the influence" when it comes to weed?Generally, the penalties for marijuana-related DUIs are the same as those for alcohol-related DUI convictions. The consequences of a first offense might include license suspension of 90 days to a year, fines ranging from about $500 to $2,000 and/or up to a year in jail.Though it may sound simple, it's not. When you investigate exactly how law enforcement is able to tell let alone prove that someone is actively high while driving, things can get a little complicated.There's a solid scientific basis that anyone with a blood alcohol content of 0.8 or more is too drunk to drive, but there's little agreement or clarity on what that level should be for marijuana."They tried to do that with marijuana, and quite frankly, it just hasn't happened yet," said Chip Siegel, an attorney specializing in DUI law.Siegel said issues of legality behind marijuana use mean there haven't been any meaningful studies into its effects. Without meaningful studies, laws have been based on arbitrary measures."Maybe one day NHTSA or other government agencies, other scientific agencies, will become comfortable in saying, "Okay, this is the level that anybody who has marijuana in his system is just too high to drive,'" Siegel said. "But right now, we just don't have that number." There's essentially no concrete way to tell if someone is dangerously under the drug's influence while operating a vehicle, yet marijuana-related DUI cases are often cited as reasons not to legalize the drug. A 2020 study found that in the state of Washington, where marijuana has been legal since 2012, the percentage of fatal crashes in which drivers tested positive for THC the main psychoactive compound in marijuana doubled in the years after. That study made national headlines and was cited by politicians who raised fears about stoned driving as a reason to keep weed illegal. But while those findings probably do reflect the fact that more people consume cannabis when it's legal, they didn't show that it was in fact THC impairment that caused the crashes. All it showed was that THC was present in drivers' systems at the time of the crash.THC by nature is a substance that can be detected in our system for up to 90 days in hair, anywhere between three days to a month or longer in urine, up to 48 hours in saliva and up to 36 hours in blood. But, those figures could change depending on how much, how often and how you consume it, so technically, someone could have ingested or smoked marijuana days before actually driving yet test positive for an illegal amount of THC if they are pulled over.Studies have shown that marijuana use does impair driving abilities, but the current methods to prove if someone is actually high while driving are shaky at best.That's a big point of concern, because as of 2022, recreational marijuana is legal in 18 states and Washington, D.C., and medical marijuana is legal in 36 states and D.C. According to Ballotpedia, there are at least 20 more citizen-driven measures in nine states related to marijuana that could appear before voters at the ballot box this fall.A look at the most recent Gallup poll reveals that 68% of Americans support the legalization of marijuana. Gallup's data shows a majority of Americans have supported the idea since at least 2013, but federally, marijuana is categorized as a controlled substance under Schedule I of the Controlled Substance Act, making the possession and use of it illegal.The U.S. House of Representatives tried to change that by passing a marijuana reform bill in early April this year. That bill now sits with the Senate, where experts believe it's most likely to be rejected.So while it doesn't look like we're close to federal legalization just yet, legal weed across many states means the problem of accurately identifying marijuana-related DUI's is one that still begs to be addressed.
PhotoFiles: Independence Day parades near Lincoln
Girl in patriotic top hat, 2014
Grace Preciado, 6, rides blinded by her festive top hat in the East Campus Community Organization holiday parade on Friday, July 4, 2014, near Idylwild Park.
5-year-old rides trike in parade, 2014
Connor Hall, 5, rides with his balloons in the parade during the East Campus Community Organization holiday celebration on July 4, 2014, near Idylwild Park.
Mother and daughter at Waverlyfest, 2014
Natalie Lenz and her 2-year-old daughter, Chloe, watch the festivities on July 4, 2014, during the Waverlyfest parade.
Seward Grand Parade, 2019
Seward's color guard marches during Seward's grand parade celebrating the Fourth of July in 2019.
Pre-parade pose from 4-year-old, 2004
Whitney Jolliffe, 4, is all decked out before getting on her bike for a neighborhood Fourth of July parade in 2004.
Vehicle at Seward Grand Parade, 2019
A small vehicle navigates the route at Seward's Grand Parade on July 4, 2019, celebrating the Fourth of July.
Tractors at Seward parade, 2018
Byron Luebbe drives one of a long line of tractors during Seward's Fourth of July parade in 2018.
Bicentennial Estates Kids Fourth of July Parade
Bicentennial Estates Kids Fourth of July Parade
Sunday, 10 a.m.: Parade starts at corner of Valley Forge and Boston and is followed by food and visit from a fire truck.
Bike riders at 2013 parade
Youngsters dressed in red, white and blue to celebrate the Fourth of July ride down the street during a parade near Idylwild Park on July 4, 2013.
Abraham Lincoln portrayal at July Fourth parade, 2013
Rachel Witkovski looks at her husband, Marc Witkovski, who is playing the part of Abraham Lincoln while celebrating Independence Day in 2013 near Idylwild Park.
Fourth of July Parade at Idylwild Park, 2013
Youngsters dress in red, white and blue to celebrate Independence Day fill the street near in a parade near Idylwild Park in 2013.
Horses at Seward Grand Parade, 2012
Members of the Seward County Sheriff's Posse ride down the street past large John Deere tractors as they prepare for the Seward Grand Parade on July 4, 2012.
Pair at Seward Grand Parade, 2012
Dustin Schlake (left) and Patrick Gilson get into the spirit at the Seward Grand Parade on July 4, 2012.
High Street Independence Day parade, 1986
Russell Meyer, 6, and Amy Knight, 10, lead a High Street parade in Lincoln on July 4, 1986.
Doll and candy at Seward Grand Parade, 2012
A baby doll is abandoned in favor of candy thrown by the Seward Grand Parade participants on July 4, 2012 in Seward.
Bike Riders at Indian Village parade, 2015
Uncle Sam leads the parade through the Indian Village neighborhood during the annual Fourth of July Parade in 2015.
Getting wet at Waverlyfest parade, 2014
Seven-year-old Jace Kroger of Waverly gets a little more than candy as a fire truck hoses him and others down on July 4, 2014, during the Waverlyfest parade.
Girl in patriotic glasses, 2014
Decked-out in her stylish Stars and Stripes sunglasses, 7-year-old Kaylee Elliott watches as Motega Clancy of Lincoln catches candy from a Raymond Rural Fire District fire truck on July 4, 2014, during the Waverlyfest parade.
Girl and mother in parade, 2013
Gypsy Anton, 2, sits on her mother Jenny Anton's lap while riding along in a parade to celebrate the 237th anniversary of Independence Day on July 4, 2013, near Idylwild Park.
Clown at 2003 parade in Ralston
Phill Harris walks the Ralston Independence Day parade in his clown costume on July 4, 2003.
Independence Day parade, 1995
Children attending a daycare in Lincoln get a jump on the Fourth of July with a parade in 1995.
Uncle Sam at Indian Village parade, 2015
David McCreary assumes his annual role as Uncle Sam, leading the Indian Village Fourth of July Parade with a pack of children on decorated bicycles on July 4, 2015.
Three-year-old at 2017 East Campus parade
Aliya Wieting, 3, rides in a decorated wagon during the East Campus July 4th Parade in 2017 at Idylwild Park.
1-year-old rides in East Campus parade, 2014
Morgan Halsted, 1, rides in the East Campus Community Organization holiday parade on July 4, 2014, near Idylwild Park.
Captain America kid, East Campus July 4th Parade, 2017
Silas Moore, age 4, dresses up as superhero Captain America for the East Campus Independence Day Parade on July 4, 2017, at Idylwild Park.
Waverly High School band members at parade, 2014
Waverly High School band members Maggie Geiler (from left), Skye Wellman, Hunter Buresh, Owen Martin and Josh Post play patriotic tunes as they sit on the end of a flatbed trailer July 4, 2014, during the Waverlyfest parade.
Grandparent, grandchildren ready for parade, 2001
Eileen Lippold is ready for the annual Fourth of July parade in Waverly in 2001, with help from her grandchildren Kody Lundy, 11, holding Kole Fillmore, 2, in the driver's seat, and (from left) Megan Lippold, 10; Korey Fillmore, 8; Taylor Lippold, 4; and Koby Fillmore, 2.
Colonial honor guard at Seward parade, 2017
Dressed in Colonial era uniforms, this honor guard was one of the first groups to march in Seward's Fourth of July parade in 2017.
We want candy, 2014
Sisters Jaylee, 10, (center) and Ryane Cowen, 5, yell for candy during the grand parade at the 146th annual Seward Fourth of July celebration in 2014.
Kids on scooters at July 4 celebration, 2016
Ben Warner (left) and Hudson Wright, both 5, ride their decorated scooters in the parade during the July Fourth celebration in 2016, at Trendwood Park.
Girl at East Campus July Fourth parade, 2017
Morgan Halsted, 4, preparess to throw candy to the parade spectators during the East Campus July Fourth parade on July 4, 2017, at Idylwild Park.
7-year-old at East Campus parade, 2017
Lucy Mayeux, 7, shows off her decorative eyelashes at the East Campus July Fourth parade at Idylwild Park in 2017.
Tricycle girl at 2013 Independence Day
Nadja Madden, 3, rides her tricycle on Apple Street during a celebration for the 237th anniversary of Independence Day in 2013, near Idylwild Park.
Bubbles and boy at Indian Village parade, 2015
Jonah Rabe waves from a wagon that is outfitted with a bubble machine and pulled by his grandfather during the Indian Village Fourth of July Parade in 2015.
Operation Homecoming parade, 1991
A 155mm self-propelled howitzer rumbles down O Street during the Operation Homecoming parade on July 4, 1991.
Parade watchers at Operation Homecoming, 1991
Harry and Ruth Robinson watch the Operation Homecoming parade on July 4, 1991.
Squirts on Fourth of July, 2000
Eight-year-olds Steven Perkins, Andrew Koranda and Jake Suhr relish their roles as crowd-coolers as they make their way along the parade route in Seward on July 4, 2000.
Cooling off during Friend parade, 2008
The Friend Fire Department cools off Jordyn Ratkovec (left), and brothers Colten and Skyler during the annual Fourth of July parade in Friend in 2008.
Waiting for candy in Seward, 2017
With plastics bags at the ready, a group of youngsters awaits candy treats as a group of tractors head westbound down Seward Street on July 4, 2017, during the annual Fourth of July parade.
