ATHOL — How high is too high to drive?

An Athol man was arraigned in Orange District Court Monday on charges of possession with intent to distribute marijuana, operating under the influence and a license plate violation.

Dylan J. Gray, 18, of Riceville Road, pleaded innocent and was released on his own recognizance by Judge David Ross.

According to the reports filed in court, Athol police consulted two experts before and after charging Gray with the OUI.

Police stopped Gray on Freedom Street after a restaurant employee reported suspicious activity in the parking lot.

Police allegedly observed Gray to have glassy eyes, noticed a strong smell of marijuana and a smoking implement stuck into the dashboard.

“It’s 4/20, I’ve been smoking all day,” Gray allegedly said when asked when he last smoked. April 20 is treated as an unofficial marijuana holiday. Gray later allegedly told police he had smoked about 40 grams of marijuana with friends that day and mentioned a foot-long joint. He also allegedly said that he preferred to drive high because it slowed him down.

Police recorded poor results in field sobriety tests, including the walk-and-turn, balancing on one leg and eye convergence. He blew a perfect zero-percent on an alcohol test.

With medical marijuana approved in states including Massachusetts and recreational marijuana seemingly edging toward legality, law enforcement agencies have reportedly had difficulty keeping up. Some debate the danger of driving under the influence of marijuana, and there is no breath test or legal limit, as with alcohol, to provide a benchmark.

After consulting by phone with a drug recognition expert and trainer on the department, police added the OUI charge. A second officer with special training came from Amherst police to evaluate Gray at the Athol station.

Gray was to be arrested anyway on the dealing charge. Asked if there was marijuana in the car, Gray allegedly volunteered a bag containing an ounce of marijuana, valued at $100. Possession of an ounce or less has been decriminalized in Massachusetts, but Gray’s passenger told police he had purchased the gram of marijuana in his pocket from Gray. Gray allegedly told police he only sells to his friends. Police also seized $390 in cash and a scale.

Gray is due back in court May 23.

You can reach Chris Curtis at:
ccurtis@recorder.com