Marijuana Impairment Alleged

David Kjuguna of Webster, MA will be going to trial in August 2019 on charges of manslaughter, manslaughter by motor vehicle, motor vehicle homicide by negligence, motor vehicle homicide (driving under the influence of drugs), driving to endanger and driving an uninsured car.

At about noon on March 16, 2016, Mr. Kjuguna crashed into the rear of a state police cruiser in the breakdown lane of the Massachusetts Turnpike, killing Trooper Thomas L. Clardy, who was engaged in a traffic stop at the time.  The state police investigation found that the estimated speed of Mr. Njuguna’s car when it struck Trooper Clardy’s vehicle from behind was 81 miles per hour.   Witnesses said that Njuguna sped from the left lane across three lanes without signaling just before the crash.

About an hour before the crash, Kjuguna is alleged to have bought three medical marijuana cigarettes from a dispensary. He had a medical marijuana card allowing him to purchase the marijuana legally. (This was before recreational marijuana became legal in Massachusetts in late 2016). There were two unopened marijuana cigarettes and one partially smoked one found in the car after the crash. It is alleged that he smelled of marijuana. There was also some quantity of THC found in his system after a blood test.     

It remains to be seen how Mr. Kjuguna will fare at his trial.

With the legalization of marijuana in Massachusetts, it is likely that there will be a significant increase in arrests and charges for OUI marijuana. Some people will simply drive after smoking or ingesting marijuana, without any clear understanding of how much is too much, or without really knowing how that particular marijuana will affect them.   

Massachusetts currently has no “legal limit” for marijuana beyond which you are considered too stoned to drive.  However, it is against the law to drive while under the influence of marijuana, meaning to have consumed enough marijuana to affect your ability to drive safely.  A charge of OUI marijuana can be proven by the observations of witnesses concerning how you looked, acted or drove.  Likewise, evidence of marijuana in the car, the odor of marijuana, admission to smoking marijuana, or THC found in your system can show that you ingested marijuana.  

Because the government has to prove impairment, it is uncertain how successful prosecutions for OUI marijuana will be. Unlike OUI alcohol cases, there is no legal limit nor is there any common knowledge regarding what marijuana impairment looks like. The best choice for someone charged with OUI marijuana may be to fight the case.