Bill
Bill > A2902
NJ A2902
NJ A2902Expands 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 drivers are automatically considered to have agreed to certain tests if suspected of driving under the influence, to now include blood tests in addition to breath tests for alcohol. It also extends this implied consent to include testing for narcotic, hallucinogenic, or habit-producing drugs in a person's blood, with refusal to take a blood test carrying 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 is automatically considered impaired if their blood contains three nanograms or more of delta 9-tetrahydrocannabinol (THC) per milliliter of blood, or any amount of a medically unprescribed Schedule I, II, or III controlled dangerous substance or its metabolites or analogs.
Committee Categories
Military Affairs and Security
Sponsors (1)
Last Action
Introduced, Referred to Assembly Public Safety and Preparedness 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/A2902 |
| BillText | https://pub.njleg.gov/Bills/2026/A3000/2902_I1.HTM |
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