18-02-2025
Indiana bill creating THC threshold for intoxicated driving advances with bipartisan support
A bill aiming to target drivers under the influence of THC in Indiana has surpassed another legislative step.
House Bill 1119 was approved by the Indiana House on Tuesday in an 84-10 bipartisan vote. The bill, if passed into law, would allow results from two specific saliva tests that check for traces of THC and other drugs as admissible evidence in court.
Lawmakers have specified the tests as the Drager DrugTest 5000 or SoToxa Oral Fluid Mobile Test System. The Drager exam shows positive results for a minimum of 5 nanograms of THC while the SoToxa returns positive for 25 milligrams.
Current law would charge someone with intoxicated driving if they had any trace of THC in a blood sample – a method that supporters of the bill argue is more time-consuming, costly and clogs the Indiana State Police labs.
The bill will now go to the Senate.
The proposal is one of the only bills pertaining to anything marijuana-related that's moving forward in the Statehouse. Other bills aimed at decriminalizing and legalizing marijuana failed their first hurdle toward becoming law, matching an annual trend.
Lawmakers file bills to legalize marijuana every year, but none of the measures ever pass, and former Gov. Eric Holcomb through his tenure said he would not take steps to legalize marijuana while it remained an illicit substance at the federal level.
More: Marijuana, immigration: Bills that have died in the Indiana legislature, so far
Evansville Republican Rep. Wendy McNamara, one of the bill's authors, has said her motivation is to target intoxicated drivers through toxicologist-approved tests, referring to THC as 'one of the trickiest things I've ever tried to nail down' when the bill was still in committee.
'I think this is the next horizon, the next step in how we test for impairment in the State of Indiana while making sure that there's some reliability around that,' she said.
The bill carries a Class C misdemeanor penalty for violators, which escalates to a felony if the driver causes serious bodily injury or death behind the wheel. Police cannot arrest someone solely because of a positive test, the proposal clarifies, but the results can be admitted in court for a jury to decide how much weight to put into the results.
Contact IndyStar reporter Sarah Nelson at
This article originally appeared on Indianapolis Star: Indiana bill creating THC threshold for impaired driving advances
