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Indiana Rep. Jim Lucas had THC—the active ingredient in marijuana—in his blood the day he was arrested for hitting a guardrail and driving the wrong way on an interstate entrance ramp, according to a state toxicology report.
The Tribune in Seymour first reported the report’s release. But the results won’t change the repercussions Lucas faces, according to the prosecutor who handled his case.
The Seymour representative is known for his Second Amendment and marijuana support, as well as repeated controversial social media posts.
Crash and consequences
Lucas failed multiple field sobriety tests early May 31, when Seymour police found him nearly three miles south of the crash site, according to an Indiana State Police crash report obtained by the Capital Chronicle last month. And a portable breathalyzer test showed his blood alcohol concentration, or BAC, at .097—higher than the .08 legal limit in Indiana.
Lucas pleaded guilty last month to two charges: leaving the scene of an accident, a Class B misdemeanor, and operating a motor vehicle while intoxicated, a Class C misdemeanor. He was handed a 180-day suspended sentence for leaving the scene and a 60-day suspended sentence on the OWI charge.
As part of his plea agreement, Lucas will spend one year on probation, but also must complete an alcohol and drug program, pay court and probation fees and pay nearly $4,000 for crash repairs and restitution to the Indiana Department of Transportation.
He also must attend a victim impact panel, and faces substance abuse screenings and some driving restrictions.
Marijuana complications
Prosecutors brought those charges, and a judge sentenced Lucas, prior to the release of the Indiana State Police toxicology test results.
His blood sample had about 14 nanograms of THC per milliliter of blood, according to the report, filed June 27. States with THC limits typically consider 5 nanograms as impaired; Indiana’s statute doesn’t specify a limit because the substance is generally always illegal.
Adding a charge for that wouldn’t have changed the results, Jackson County Prosecutor Jeff Chalfant told the Capital Chronicle in an email Friday.
That’s because the Indiana statute criminalizing operating a vehicle with certain blood alcohol levels is the same one criminalizing driving with a schedule I or II controlled substance in the blood, according to Chalfant. THC is a schedule I substance.
“I probably would have charged both counts in this instance if I had the results of the blood analysis,” Chalfant wrote.
But, he added, “Charging a person both ways … does not make any difference in the end, because a person can only be convicted of one of the these offenses by law.”
This is commonly called double jeopardy.
What’s next
Lucas has repeatedly said he won’t step down, despite the crash and its aftermath. Legislative leaders haven’t yet said if he’ll face consequences.
“I haven’t had really a chance to talk to him,” House Speaker Todd Huston said last month. “I’ll take a look at it and see what we do moving forward.”
A spokesperson for Huston didn’t immediately respond to a request for comment on the THC-positive toxicology results.
Lucas didn’t immediately return a message Friday.
But just this week, he posted a mea culpa on his Facebook page, saying “I recently made mistakes and exercised horrible judgement … My recent mistakes and horrible judgement. My ownership of them. I own it 100%. My acceptance of the court’s judgement. I’m getting professional help.”
Lucas went on to say he is grateful innocent people weren’t hurt and saying he humiliated himself, his loved ones and friends.
“I’ve learned and will continue to learn everyday for the rest of my life from these mistakes and errors in judgement. I am and will be a much better person because of this.”
The Indiana Capital Chronicle is an independent, not-for-profit news organization that covers state government, policy and elections.
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That “apology” wasn’t a mea culpa. It was job-saving attempt.
What a weak sentence. And the Republicans should not be dithering about expelling this guy from office.
About 20 years ago, or less, the legal alcohol limit was 0.10, the federal government forced the 0.08 on all the states to keep federal funding from being denied. This day and age I would also guess that well over 50-60% of folks driving have some amount of THC in their systems since it takes several weeks to clear the blood stream. What Lucas was tested at was not that high or bad, but his driving and decision making sure were.
I guess I mostly agree with you, but if you’re going to be so blase about pot, maybe you could encourage the Republican-controlled statehouse to legalize recreational pot.