Bill
Bill > S279
NJ S279
NJ S279Expands implied consent law to include blood testing; establishes per se standard for driving under influence of marijuana and certain controlled dangerous substances.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill expands the implied consent law to include blood testing. In addition, the bill establishes a per se standard for driving under the influence of marijuana and certain controlled dangerous substances. Under current law, any person who operates a motor vehicle on a public road in this State is deemed to have given consent to a breath test for the purpose of determining the person's blood alcohol content. The provisions of the bill extend this implied consent law to include blood testing for the purpose of determining the content of any narcotic, hallucinogenic, or habit-producing drug in the person's blood. A person who refuses to consent to the blood test would be subject to the same penalties as a person who is convicted of refusing a breath test in relation to a drunk driving charge under current law. In addition, the bill establishes a per se standard for driving under the influence of marijuana and certain controlled dangerous substances. Under current law, a person is prohibited from operating a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug. This bill provides that a person is deemed to be under the influence of a narcotic, hallucinogenic, or habit-producing drug if his or her blood contains three nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter of blood. In addition, under the bill, except for tetrahydrocannabinols, a person is deemed to be under the influence of a narcotic, hallucinogenic, or habit-producing drug if his or her blood contains any amount of a Schedule I controlled dangerous substance or one of its metabolites or analogs, or any amount of a Schedule II or III controlled dangerous substance or one of its metabolites or analogs, which has not been medically prescribed.
AI Summary
This bill expands the implied consent law, meaning that drivers are automatically considered to have consented to a blood test if requested by a police officer, in addition to the existing breath test requirement, to determine the presence of alcohol or any narcotic, hallucinogenic, or habit-producing drug in their system. Refusing a blood test will carry the same penalties as refusing a breath test. Furthermore, the bill establishes a "per se" standard for driving under the influence of marijuana and certain other controlled substances, meaning a driver will be considered impaired if their blood contains three nanograms or more of delta 9-tetrahydrocannabinol (THC), the main psychoactive compound in marijuana, per milliliter of blood. For other controlled dangerous substances (Schedule I, II, or III) that have not been medically prescribed, any amount found in the blood will also be considered impairment.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/S279 |
| BillText | https://pub.njleg.gov/Bills/2026/S0500/279_I1.HTM |
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