But nearly a year after the crash, prosecutors this week ruled out charging Steve George Gagne with any crime, including boating under the influence.
The reason: Witnesses said Gagne showed no signs of being high before the crash that killed 22-year-old Elizabeth Goldenberg, according to a newly released report by the Miami-Dade State Attorney’s Office. But the concentration of THC, the active compound in marijuana, in his blood was nearly triple what would have gotten him arrested in states where marijuana use is legal such as Colorado or Washington.
Florida has no such law and the case underscores the unsettled standards surrounding use of marijuana. Even as more states legalize marijuana for recreational or medical use, there is no consensus — in the law, science or medicine — on how best to measure whether someone is stoned while behind the wheel of a boat or a car.